Christchurch High Court Earthquake Litigation List
The Court publishes this report to assist earthquake litigants, and those contemplating litigation, and to inform the public on the status of Earthquake proceedings at the High Court. This report is based on the official Court record. Readers should appreciate that the issues in any case may evolve, proceedings may be filed or discontinued between updates. This report is current as at 13 December 2019.
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2019-409-000530 Stefan Ganev and Amanda
Ganev v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Happy Home Road, Westmorland, Christchurch. Damaged as a result of the Canterbury Earthquake
Sequence. Policy under Southern Response. The plaintiffs entered into a settlement agreement with the defendant for
a fixed sum. However in the course of repairing the damage the plaintiffs claim the defendant misrepresented the
scope of the damage which the plaintiffs say costs substantially more to repair. Plaintiffs seek judgment for
misrepresentation and breach of contract, damages, costs and interest
17/09/2019 TC after 28/02/2020 Karl Robinson and Tiffany Sauni:- Shine
Lawyers, Plaintiffs
Susan Rowe, Buddle Findlay, Defendant
NO
CIV-2019-409-000409 Robert Bernard Snow and
Daphne Marie Snow v IAG New
Zealand Limited
General
Proceeding
(Repairs)
Property at Mattingley Street, Aranui, Christchurch. Damaged as a result of the Canterbury Earthquake Sequence.
Policy under IAG. A claim was lodged with Iag and IAG undertook reparis on the property via an agent. The plainitffs
claim the repairs are defective and will cost $386,620 to remediate. Plaintiffs claim judgment, general damages, cost
of temporary accomodation, interest and costs.
26/07/2019 TC after 13/03/2020 Grant Shand, Barrister, plaintiffs
Peter Leman and Matthew Booth, DLA
Piper, Defendant
NO
CIV-2019-409-000386 Sheree Dawn Hobbs, Glennis
May Hobbs and Warwick Hobbs
v Earthquake Commission and
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Quinns Road, Shirley, Christchurch. Damaged as a result of the Canterbury Earthquake Sequence. Policy
under Southern Response. The plaintiffs say claims were made with the defendants and some of the damage has
been repaired. However not all of the damage has yet been repaired. Plaintiffs claim a breach of the Act against the
first defendant and seek an order, general damages, costs and interest. Plainitffs claim against the second defendant
a declaration, costs and interest.
15/07/2019 TC after 07/08/2020 Karl Robinson and Tiffany Sauni:- Shine
Lawyers, Plaintiffs
Susan Rowe, Buddle Findlay, Second
Defendant
NO
CIV-2019-409-000347 Benjamin Kelly West and Tine
Dahlmann and B K West
Properties Limited v Vero
Insurance New Zealand Limited
General
Proceeding
Four properties, two at Huntsbury Avenue, Huntsbury and two at Wilding Street, St Martins, Christchurch. Damaged
as a result of the Canterbury Earthquake Sequence. Policy under Vero. Plaintiffs claim breach of contract and loss
and seek a declaration, judgment, costs, interest and damages.
26/06/2019 TC after 10/04/2020 Chris Shannon and Laura McLoughlin-Ware,
Duncan Cotterill, plaintiff
Peter Hunt and Sandy Percival, McElroy's,
defendant
NO
CIV-2019-409-000342 Safia Margot Cockerell and
Donal Duggan v AA Insurance
Limited
General
Proceeding
Property at Port Hills Road, Hillsborough, Christchurch. Damaged as a result of the Canterbury Earthquake
Sequence. Policy under AA Insurance. Plaintiffs say the parties cannot agree on the repairs required to remedy the
damage and claim a breach of contract and loss. Plaintiffs seek a declaration, judgment, general damages, interest
and costs.
21/06/2019 Ayleath Foote, Duncan Cotterill, plaintiff
[Awaiting statement of defence]
YES DISCONTINUED 25/09/2019
CIV-2019-409-000274 Canterbury Jockey Club
Incorporated v IAG New
Zealand Limited and Vero
Insurance New Zealand Limited
General
Proceeding
Property at Riccarton Park Racecourse, Sockburn, Christchurch. Damaged as a result of the Canterbury Earthquake
Sequence. Policy under both IAG and Vero. The parties engaged in an expert determination process but this did not
result in settlement of the claim. Plaintiff claims breach of the policy, breach of good faith and a breac of implied terms
in the policy. Plaintiffs seek a declaration, damages for loss, interest and costs.
24/05/2019 TC after 13/12/2019 Garth Gallaway, Chapman Tripp, plaintiff
Shane Swinerd, DLA Piper, first and second
defendants
NO
CIV-2019-409-000176 Inico Limited v Tower Insurance
Limited
General
Proceeding
Property at Cashel Street, Christchurch Central. Damaged as a result of the Canterbury Earthquake Sequence. Policy
under Tower. Property was demolished and rebuilt. Plaintiff alledges the defendant has not paid the full replacement
costs for the rebuild of the property . Plantiff claims judgment, interest and costs.
9/04/2019 Fixture -1 day after
29/11/2019
Emily Walton and Stephanie Woods, Wyn
Williams, plaintiff
[Awaiting statement of defence]
NO
CIV-2019-409-000154 Tony Ray Somers and
Jacqueline Gail Somers v IAG
New Zealand Limited
General
Proceeding
Property at Huntsbury Avenue, Huntsbury. Damaged as a reuslt of the Canterbury Earthquake Sequence. Policy
under IAG. Some monies have been paid already by both the defendant and EQC. The plaintiffs and the defendant
have both had several reports done and the issues now revolved around costings. These proceedings were filed as
the defendant declined to provide a further limitation extension. Plaintiff claims breach of the policy and good faith.
Plaintiff seeks a declaration, Judgment, costs, interest.
28/03/2019 Simon Munro, Anderson Lloyd, plaintiffs
Hannah Stafford, DLA Piper, defendant
YES TRANSFERRED TO CANTERBURY
EARTHQUAKE INSURANCE TRIBUNAL
30/09/2019
CIV-2019-409-000153 Body Corporate 63949 v Vero
Insurance (NZ) Ltd
General
Proceeding
Property at Hewitts Road, Merivale. Damaged as a result of the Canterbury Earthquake Sequence. Policy under Vero.
The plaintiff lodged a claim and EQC advised it was over the statutory cap. The defendant disputes this and no repairs
have been undertaken. Plaintiffs claim the defendant is in breach of the policy and claim a declaration, interest and
costs.
28/03/2019 TC after 30/03/2020 Stuart Stock, White Fox Jones, plaintiffs
Cecily Brick and Andrew Durant, Fee
Langstone, defendant
NO
CIV-2019-409-000152 Robert James Hull, Lucy Alison
Atkinson and Peter Cranney as
trustees of the Phineas Trust v
Earthquake Commission and
AA Insurance Limited
General
Proceeding
(Repairs)
Property at Cornwall Street, St Albans. Damaged as a result of the Canterbury Earthquake Sequence. Policy under
AA Insurance. The property was onsold to the plaintiffs and an assignment of rights executed. The owners at the time
of the Earthquakes lodged claims for the damage. EQC paid these and deemed one claim over cap. The plaintiffs
claim the repairs were defective and seek a declatation that EQC is in breach of its statutory duties, damages and
costs. The plaintiffs claim AA Insurance is in breach of its policy as they failed to properly assess, reinstate and repair
all earthquake damage. The plaintifs seek a declaration, damages, an order for temporary accomodation costs and
costs from AA Insurance.
28/03/2019 TC after 08/05/2020 Peter Woods and Lisa Taylor, Anthony
Harper, plaintiffs
Nathaniel Walker, Russell McVeagh, first
defendant
Peter Hunt and Sandy Percival, McElroys,
second defendant
NO
CIV-2019-409-000150 Arthur Bryden Sims Black and
Catherine Vivienne Sherriff
Black v Vero Insurance New
Zealand Limited and IAG New
Zealand Limited
General
Proceeding
Property at Garden Road, Merivale, Christchurch. Damaged as a result of the Canterbury Earthquake Sequence.
Policy under both Vero and IAG. Plaintiffs have been paid out by EQC and have begun architectural works for the
repair and rebuild of the property and claim reimbursement of these professional fees from the defendants. No
agreement on the scope of works has been reached and the plaintiffs seek a declaration as to the scope, costs and
damages.
27/03/2019 TC after 24/01/2020 Paul Cowey, Parry Field Lawyers, plaintiffs
Peter Hunt and Emily Ferguson, McElroys,
defendants
NO
CIV-2019-409-000121 Pierre Kickhefer and Patricia
Kickhefer v Southern Response
Insurance Services Limited
General
Proceeding
Property at Chalfrod Street, Brooklands, Christchurch. Damaged as a result of the Canterbury Earthquake Sequence.
Policy under Southern Response who accepted the claim. A Design Rebuild Analysis has been completed but the
parties do not agree on the repair methodology. Plaintiffs claim the defendant is in breach of the policy and their duty
of good fatih. Plaintiffs seek judgment or a declaration, damages and costs.
8/03/2019 TC after 09/02/2020 Ben Walker, Canterbury Chambers, plaintiffs
Susan Rowe, Nuddle Findlay, defendant
NO
CIV-2019-409-000118 Boris Eduardovich Trochine and
Scott Anderson Massie v
Earthquake Commission and
Vero Insurance New Zealand
Limited
General
Proceeding
Property at Purple Peak Road, Akaroa. Damaged as a result of the Canterbury Earthquake Sequence. Policy under
Vero. The plaintiffs made claims and subsequently repaired the earthquake damage themselves as agreement could
not be reached between the parties. The plaintiffs claim judgment for the sum of their loss, additional costs accrued
and a declaration alongside damages, costs and interest
8/03/2019 Fixture - 5 days after
20/12/2019
Chris Shannon and Sarah Henderson,
Duncan Cotterill, plaintiffs
Vincent Schumacher, Chapman Tripp, first
defendant
Peter Hunt and Rachel Scott, McElroys,
second defendant
NO
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2019-409-000116 Stephen William Barrow and
Robert Wayne Seebeck v
Earthquake Commission
(Discontinued) and Vero
Insurance New Zealand Limited
General
Proceeding
Property at Worsleys Road, Cracroft, Christchurch. Damaged as a result of the Canterbury Earthquake Sequence.
Policy under Vero. While EQC considers the plaintiff's claim settled, the plaintiff disputes this and alledge EQC has
breached its statutory obligations. The plaintiffs lodged two claims with Vero. One claim has been accepted by Vero,
another has not. The plaintiff claims Vero has breached its contract and claim the sum of loss, interest and costs.
6/03/2019 TC after 03/04/2020 Ben Russell, Lane Neave, plaintiffs
Cecily Brick, Fee Langstone, Second
Defendant
NO
CIV-2019-409-000100 Body Corporate 328564 v Vero
Insurance New Zealand Limited
General
Proceeding
Property at Durham Street, Central City. Damaged as a result of the Canterbury Earthquake Sequence. Policy under
Vero. A claim was made with Vero who accepted the claim. The parties have instructed experts who have done
independent reports and have conferred. To date, the parties are unable to agree upon a scope of works. The plaintiff
seeks a declaration and costs.
27/02/2019 JSC after 29/10/2019 Stephen Rennie, Rhodes and Co, plainiffs
Peter Hunt and Sandy Percival, McElroys,
Defendant
NO
CIV-2019-409-000099 Susan Elizabeth Bryden v IAG
New Zealand Limited
General
Proceeding
Property at Scarborugh Road, Sumner. Damaged as a result of the Canterbury Earthquake Sequence. Policy under
IAG. The plaitiff made claims with EQC that have been settled. The plaintiff and defendant have been unable to agree
upon a scope of works for the repairs. The plaintiff claims a breach of the policy and seeks a declaration, damages
and interest.
28/02/2019 TC after 20/01/2020 Jai Moss and Gary Davis, St Asaph
Chambers, plaintiffs
Peter Leman, DLA Piper, Defendant
NO
CIV-2019-409-000098 Paul Richard Johns and Susan
Mary Johns v Holloway Builders
Limited and IAG New Zealand
Limited
General
Proceeding
(Repairs)
Property at Sedgemoor Close, Burwood, Christchurch. Damaged as a result of the Canterbury Earthquake
Sequence. Policy under IAG. Holloway Builders Limited did the repairs to the property which were subsequently
issued with a code of compliance. The plaintiff's alledge the repairs are defective and claim breach of contract,
negligence, breach of s.28 Consumer Guarantees Act 1993, breach of duty of good faith and declarations.
28/02/2019 Tyler Brown, Saunders Robinson Brown,
plaintiffs
Charles Henley, DLA Piper, Second
Defendant
YES TRANSFERRED TO CANTERBURY
EARTHQUAKE INSURANCE TRIBUNAL
04/11/2019
CIV-2019-409-000097 Jillian Therese Coats and
Graeme Bruce Coats v FMG
Insurance Limited
General
Proceeding
Property at Stratford Street, Merivale. Damaged as a result of the Canterbury Earthquake Sequence. Policy under
FMG Insurance Limited. The plaintiffs lodged a claim that was accepted by the defendant. The plaintiffs alledge the
defendant has failed to scope the repair of the property properly and that significant work is required to reinstate the
property to the policy standard.
28/02/2019 TC after 08/02/2020 Ben Walker:- Canterbury Chambers,
Plaintiffs
[Awaiting statement of defence]
NO
CIV-2019-409-000091 Leif James Park and Sarah
Ruth Armstrong-Park v
Christchurch City Council and
IAG New Zealand Limited
General
Proceeding
(Repairs)
Property at Marine Parade, North New Brighton. Damaged as a result of the Canterbury Earthquake Sequence.
Policy under IAG. A claim was made and repairs were undertaken. The Chirstchurch City Council signed off on the
repairs. The plaintiffs claim since June 2013 there have been leaks in the exterior of the building. Plaintiffs claim
negligence, breach of contract, breach of s28 Consumer Guanratees Act 1993 and seek damages, interest and
costs.
25/02/2019 Melissa Barcoski, Saunders Robinson
Brown, Plaintiffs
Sarah Macky, Heaney Partners, First
Defendant
Paul Smith and Dana Beissel
YES TRANSFERRED TO CANTERBURY
EARTHQUAKE INSURANCE TRIBUNAL
09/12/2019
CIV-2019-409-000039 Aniseed Limited v IAG New
Zealand Limited
General
Proceeding
Property at Rhodes Street, Merivale. Damaged as a result of the Canterbury Earthquake Sequence. Policy under IAG.
Plaintiffs received a pay-out from EQC. Both the plaintiff and defendant have obtained differing scope's of works. The
plaintiff cliams the defendant's scope of works would not comply with the defendant's obligations under the policy. The
plaintiff claims a breach of contract, declaration, damages, interest and costs.
30/01/2019 TC after 25/04/2020 G Gallaway and W Hamilton, Chapman
Tripp, Plaintiffs
Catherine Jamieson, Young Hunter,
Defendant
NO
CIV-2019-409-000038 Michael Jeremy Poff and Clare
Jane Docherty as trustees of the
Kia Kaha Trust v IAG New
Zealand Limited
General
Proceeding
Property at McGregors Road, Linwood. Damaged as a result of the Canterbury Earthquake Sequence. Policy under
IAG. EQC determined the claim is over cap and IAG have not yet settled the claim. Plaintiffs claim the building should
be rebuilt and that IAG have breached the policy. Plaintiffs seek a declaration, general damages and costs.
29/01/2019 JSC after 31/03/2019 P Woods and L Taylor, Anthony Harper,
Plaintiffs
Sara Battersby, DLA Piper, Defendant
NO
CIV-2019-409-000016 Matthew James Terry and Kiri
Jane Terry v Earthquake
Commission and IAG New
Zealand Limited
General
Proceeding
(Repairs)
Property at Sawyers Arms Road, Bishopdale. Damaged as a result of the Canterbury Earthquake Sequence. Policy
under IAG. Plaintiffs made a claim with EQC fllowing the Canterbury Earthquakes. In 2014 EQC repaired the property
as specified in the scope of works. Plaintiffs alledge the repairs failed to properly repair the damage. Plaintiffs claim
EQC breached its obligations under the Act and IAG breached its obligations to repair the house to the standard set
out in the policy.
10/01/2019 TC after 10/04/2020 E Farrell and K Robinson, Shine Lawyers,
Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Catherine Jamieson, Young Hunter, Second
Defendant
NO
CIV-2019-409-000006 Janenette Lee Taylor v Tower
Insurance Limited
General
Proceeding
Property at Weir Place, Christchurch. Damaged as a result of the Canterbury Earthquake Sequence. Policy under
Tower. Plaintiff lodged claims that were accepted by the defendant. Plaintiff claims the defendnat has refused to meet
its obligations under the policy by not settling the plaintiffs claim. The plaintiff claims judgement of remediation costs of
$669,591.34, temporary accomodation expenses of $15,000.00, General dagaes, interest and costs.
21/12/2018 TC after 13/03/2020 Grant Shand, Grant Shand Barristers and
Solicitors, Plaintiff
Sarah Alawi, Gilbert Walker, Defendant
NO
CIV-2018-409-000856 Phyllis Mary McClintock v Vero
Insurance New Zealand Limited
and Earthquake Commission
and Image Construction Limited
General
Proceeding
(Repairs)
Property at Godley Drive, Scarborough. Damaged as a result of the Canterbury Earthquake Sequence. Policy under
Vero. Plaintiff made claims with EQC but alledge the Third Defendant did not repiar all contained in EQC's scope .
Plaintiff also alledges the EQC repairs were insufficient to remediate the property. Plaintiff claims repair costs,
declaration, costs and interest against the defendants.
20/12/2018 TC after 03/02/2020 G Ryan, White Fox Jones, Plainitff
Peter Hunt, McElroys, First Defendant
Ayleath Foote, Duncan Cotterill, Third
Defendant
NO
CIV-2018-409-000855 Flow Developments Limited v
Southern Response Earthquake
Services Limited
General
Proceeding
(Repairs)
Property at Lascelles Street, Christchurch. Damaged as a result of the Canterbury Earthquake Sequence. Policy
under Southern Response Earthquake Services Limited who elected to reapir the house to an "as new" standard. The
plaintiff purchased the house from the original insured accompanied by a deed of assignment. The repairs were
completed. Plaintiff aledges defendant has breached the policy as the repairs were not to an "as new" standard.
Plainitffs claim declaration, costs and interest.
21/12/2018 S Bevin, Cavell Leitch, Plaintiffs
David Friar, Bell Gully, Defendant
YES DISCONTINUED 10/10/2019
CIV-2018-409-000842 Jason Lasini and Ainsley Fleur
Lasini v Earthquake
Commission and Vero
Insurance New Zealand Limited
General
Proceeding
Property at Shortland Street, Wainoni. Damaged as a result of the Canterbury Earthquake Sequence. Policy under
Vero. Plaintiffs alledge EQC scope of works does not meet EQC's obligations under the Act. Plaintiffs claim damages,
costs and interest against EQC. Plaintiffs alledge Vero has breached its obligations under the Policy and the plaintiffs
have subsequently sufferred loss. Plaintiffs claim an order for specific performance or a declaration, costs and interest.
7/12/2018 TC after 17/01/2020 Tandy Gwaze-Musesengwa & Karl
Robinson, Shine Lawyers, Plaintiff;
Nathaniel Walker, Russell McVeagh, First
Defendant
Sandy Percival, McElroys, Second
Defendant
NO
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-409-000841 Christopher Peter Miles and
Lana Dianne Docherty v
Earthquake Commission and
Tower Insurance Limited
General
Proceeding
Proeprty at Williams Street, Kaiapoi. Damaged as a result of the Canterbury Earthquake Sequence. Policy under
Tower Insurance Limited. Plaintiff made a claim with the Earthquake Commission but alledges EQC's scope of works
breaches its obligations under the Act. Plaintiff claims damages, costs, general damages and interest against EQC.
Plaintiff alledges the second defendant has breached its obligations under the policy. Plainitiff claims an order for
specific performance or a declaration, costs and interest against Tower Insurance Limited.
7/12/2018 TC after 17/04/2020 Tandy Gwaze-Musesengwa & Karl
Robinson, Shine Lawyers, Plaintiff;
Nathaniel Walker, Russell McVeagh, First
Defendant
Lucy McGillivray and Matthew Harris, Gilbert
Walker, Second Defendant
NO
CIV-2018-409-000840 Kingfisher Blue Trustee Limited
v Earthquake Commission and
Ansvar Insurance Limited
General
Proceeding
Property at Estuary Road, New Brighton. Damaged as a result of the Canterbury Earthquake Sequence. Policy under
Ansvar Insurance Limited. Claims lodged with EQC but plaintiff claims EQC's scope of works does not meet EQC's
obligations under the Act. Plainitff claims damages, costs and interest against EQC. The plaintiff claims Ansvar have
breached their obligations under the policy and claim the difference between the maximum payable under EQC and
the amount paybale under the policy. Plaintiff seeks a declaration, costs and interest against Ansvar.
6/12/2018 Tandy Gwaze-Musesengwa and Karl
Robinson, Shine Lawyers, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
YES DISCONTINUED 03/12/2019
CIV-2018-409-000839 IAG New Zealand Limited, as
asignee of the rights of Stanley
Neville Ronald Gane and Julian
Mary Gane; Marion Gwenneth
Archer and Andrew Forbes
Davidson; Jacquelin Lowe as
executor of the estate of
Marjorie Isabel Apperley and
IAG New Zealand Limited and
Stanley Neville Ronald Gane
and Julian Mary Gane; Marion
Gwenneth Archer and Andrew
Forbes Davidson; Jacquelin
Lowe as executor of the estate
of Marjorie Isabel Apperley v
Kirk Roberts Consulting
Engineers Limited and Site
Solutions (2013) Limited and
Christchurch City Council and
Civil Construction Limited and
QBE Insurance (Australia)
Limited and Andrew John
Bannock
General
Proceeding
(Repairs)
Property at Main Road, Mt Pleasant. Damaged as a result of the Canterbury Earthquake Sequence. Policy with IAG.
The insured customers of IAG made claims under their respective policies and later assigned their rights to IAG. The
defendant's were contracted to repair the property. The plaintiff claims a total of twelve causes of action against the
defendant's including negligence, negligent misstatement, breach of the Consumer Guarantees Act and breach of
contract. Plaintiffs seek judgment for losses incurred, interest and costs.
6/12/2019 TC after 02/03/2020 Paul Smith and Dana Beissel, Duncan
Cotterill, Plaintiffs
Michael Parker, Parker Cowan, First
Defendant
Tony Johnson, Martelli McKegg, Second
Defendant
Sarah Macky, Heaney Partners, Third
Defendant
Riki Donnelly, Preston Russel Law, Fourth
Defendant
Scott Galloway, Hazelton Law, Fifth
Defendant
Ben Russell and Mike King, Lane Neave,
Sixth Defendant
NO
CIV-2018-409-000829 L Strang Properties Limited and
Lindsay John Strand and
Genevieve Strang v Earthquake
Commission and AA Insurance
Limited
General
Proceeding
(Repairs)
Property at Bishop Street, St Albans, Christchurch. Damaged as a result of the Canterbury Earthquake sequence.
Policy under AA Insuracne Limtied. Repairs were completed by EQC to the property in 2012 but plaintiffs alledge the
repairs do not address the earthquake damage, the cost of the repairs is overcap. Consequently plaintiffs claim the
first defendant is in breach of its statutory duty and the second defendant is in breach of the policy. Orders seeking
relief under the EQC Act 1993 and the Polciy are sought.
30/11/2018 S Rennie, Rhodes and Co, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Emily Ferguson, McElroys, Second
Defendant
YES DISCONTINUED 17/10/2019
CIV-2018-409-000817 Wayne Peter Sanderson, Gary
Neil Sanderson and Paul
Joseph Rutledge as trustees of
the No Money No Honey Family
Trust v IAG New Zealand
Limited and Vero Insurance
New Zealand Limited and Allianz
New Zealand Limited
General
Proceeding
(Repairs)
Property at Dalziel Place, Christchurch. Damaged as a result of the Canterbury Earthquake sequence. Policy under
IAG (47.5%), Vero (35%) and Allianz (17.5%). The plaintiff made a claim after the Canterbury Earthquake Sequence
which was accepted. The defendant's engaged Hawkins to project manage the reapirs. The plaintiffs claim the repairs
were insufficient to properly remediate the damge in accordance with the policy. The plaintiffs seek judgment by way
of a declaration the defendant's are liable to pay the cost of correcting the repairs and damages, interest and costs for
the defendants alledged breach of good faith.
15/11/2018 TC after 14/02/2020 G Ryan, Whhite Fox Jones Lawyers -
plaintiffs
Nick Lang and Aaron Sheriff, Duncan
Cotterill, defendants
NO
CIV-2018-409-000764 Gary Neil Sanderson, Paul
Joseph Rutledge and Thi Bac
Nguyen and Gary Neil
Sanderson v Tower Insurance
Limited
General
Proceeding
Property at Tuawera Terrace, Clifton. Damaged as a result of the Canterbury Earthquake Sequence. Policy under
Tower. Plaintiffs alledge defendant has not paid the present day value of the improvements as elected under the policy
and has not accepted all the repair works are necessary. Plaintiffs claim a declaration, interest and costs.
2/11/2018 TC after 14/03/2020 G Ryan, White Fox and Jones, Solicitor,
Plaintiffs
Peter Whiteside QC, Barrister, Plaintiffs
M Smith, Gilbert Walker, Defendant
NO
CIV-2018-409-000750 Rose St Clair Limited v AA
Insurance Limited
General
Proceeding
Property at Gloucester Street, Linwood. Damaged as a result of the Canterbury earthquake sequence. Policy under
AA Insurance Limited. The plaintiff says the defendant has accepted the plaintiff's claim but it has failed/refused to
settle the claims in full. The plaintiff seeks judgment for the cost to reinstate the house (including professional fees and
demolition less any payments made by EQC) or alternatively, a declaration that the defendant is liable to pay to the
plaintiff the full replacement cost of repairing or rebuilding the house to an as new condition and judgment for $20,000
for loss of rent (plus costs and interest).
31/10/2018 TC after 13/01/2020 Jared Higby:- St Asaph Chambers, Plaintiff
Grant Smith:- Canterbury Legal, Plaintiff
Alan Sherlock, Hesketh Henry, Defendant
NO
CIV-2018-409-000747 Casa Dei Bambeni Educational
Trust v Vero Insurance New
Zealand Limited
General
Proceeding
Property at River Road, Richmond. Damaged as a result of Canterbury earthquake sequence. Policy under Vero. The
plaintiff says the progress payment made by the defendant does not fully indemnify the plaintiff for the earthquake
damage to the property and seek special damages for the cost of reinstatement to repair damage caused by the
February 2011 earthquake and the same for the June and December 2011 earthquakes (plus general damages,
interest and costs). The plaintiff says the policy contains an implied term that the defendant has an ongoing duty of
good faith to the plaintiff and that the defendant has breached that duty. The plaintiff seeks an order that the
defendant specifically performs the terms of the policy including by paying the plaintiff the cost of reinstatement of
damage caused buy the February and June and December earthquakes or alternatively special damages for the
same amount and general damages (plus interest and costs).
30/10/2018 Miranda Gray and Helen Smith:- Simpson
Grierson, Plaintiff
Cecily Brick, Fee Langstone, Defendant
YES DISCONTINUED 20/09/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-409-000746 Paul Simeon Wilson v
Earthquake Commission and
Tower Insurance Limited
General
Proceeding
(Repairs)
Property at Gamblins Road, St Martins. Damaged as a result of Canterbury earthquake sequence. Policy under
Tower. Plaintiff obtained house ownership in October 2012. The plaintiff says the first defendant has breached the
EQC Act as it has failed to indemnify the plaintiff as required by the Act. The plaintiff seeks an order that the first
defendant pay damages in the amount required to repair the house and $25,000 general damages (plus costs) and
interest. The plaintiff says the failure by the second defendant to agree to pay the cost when incurred to reinstate the
house to the policy standard is a breach of its policy obligations. The plaintiff seeks an order that the second
defendant specifically perform its duties pursuant to the policy by paying the cost when incurred to repair the house or
alternatively a declaration that the second defendant must pay the cost when incurred (plus costs and interest).
30/10/2018 Tiffany Sauni and Karl Robinson:- Shine
Layers, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Matthew Harris, Gilbert Wakker, Second
Defendant
YES DISCONTINUED 24/10/2019
CIV-2018-409-000739 Alice Noelle Shannon and Erik
Carlton Ellis v IAG New Zealand
Limited
General
Proceeding
Property at Tuawera Terrace, Clifton. Damaged as a result of Canterbury earthquake sequence. Policy under IAG.
The plaintiffs say they relied on representations made by the defendant, the defendant departed from the
representations and that it was unconscionable to do so. The plaintiffs seek a declaration that the representations are
enforceable, that the defendant is required to cash settle the claim in the amount of the cost to reinstate the house
and judgment in the sum of $3,964,090.30. The plaintiffs further seek a declaration that the defendant is liable to pay
the cost incurred by the plaintiffs in rebuilding the house to a condition as similar as possible to when new plus other
costs and $20,000 general damages.
29/10/2018 heard alongside CIV-
2018-409-000739 Alice
Noelle Shannon and
Erik Carlton Ellis v IAG
New Zealand Limited
Peter Woods and Lisa Taylor:- Anthony
Harper, Plaintiffs
Brad Cuff, CLA Piper, Defendant
NO Ready List Entry Date: 30/05/2019
CIV-2018-409-000738 and
CIV-2018-409-000739
Richmond Hill Holdings Limited
v IAG New Zealand Limited and
Alice Noelle Shannon and Erik
Carlton Ellis v IAG New Zealand
Limited
General
Proceeding
Property at Richmond Hill Road, Redcliffs. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiff says it relied on representations made by the defendant, the defendant departed from the
representations and that it was unconscionable to do so. The plaintiff seeks a declaration that the representations are
enforceable, that the defendant is required to cash settle the claim in the amount of the cost to reinstate the house
and judgment in the sum of $5,366,945.05. The plaintiff further seeks a declaration that the defendant is liable to pay
the cost incurred by the plaintiff in rebuilding the house to a condition as similar as possible to when new and
judgment for loss of rental income (plus interest and costs).
29/10/2018 TC after 01/06/2020 Peter Woods and Lisa Taylor, Anthony
Harper, Plaintiffs
Brad Cuff and Charles Henley, DLA Piper,
Defendant
NO Ready List Entry Date: 22/11/2018
CIV-2018-409-000696 Janice Adelaide Methven v Vero
Insurance New Zealand Limited
General
Proceeding
Property at Rockinghorse Road, Southshore. Damaged as a result of the Canterbury earthquake sequence. Policy
under Vero. The plaintiff says that the defendant agreed to pay the cost of rebuilding or repairing the damaged
portions of the property and that the defendant has breached its policy by failing or refusing to provide an appropriate
repair strategy, failing/refusing to pay for alternative accommodation costs and failing to make a cash settlement offer.
The plaintiff seeks a declaration that the defendant is liable to pay to the plaintiff the cost of reinstating the property
and up to $25,000 for alternative accommodation costs or judgment for the same and judgment for costs and
$25,000 for general damages (plus interest and costs.
25/09/2018 Jonathan Forsey and Stephanie Mann:-
Duncan Cotterill, Plaintiff
Peter Hunt and James Heard, McElroy's,
Defendant
YES TRANSFERRED TO CANTERBURY
EARTHQUAKE INSURANCE TRIBUNAL
22/11/2019
CIV-2018-409-000694 David James Alexander, Katrina
Jane Alexander and Estuary
Trustees Limited as trustees of
the Daka Trust v Southern
Response Earthquake Services
Limited
General
Proceeding
(Repairs)
Property at Quarry Road, Mount Pleasant. Damaged as a result of the Canterbury earthquake sequence. Policy
under AMI. Plaintiffs purchased property in April 2015 and entered into Deed of Assignment transferring EQC claims
from the previous owners to the plaintiffs. Repair work was undertaken on behalf of the defendant prior to plaintiffs
purchasing property. The plaintiffs say the defendant is in breach of its policy obligations as the repair works were not
carried out in accordance with the policy. The plaintiffs wish to reinstate the earthquake damage in accordance with
their entitlements as assignees of the claims. The plaintiffs seek a declaration that the claims have been validly
assigned to the plaintiffs, that the defendant will pay the costs incurred in repairing the property, an order for payment
of temporary accommodation costs and general damages (plus interest and costs).
25/09/2018 JSC on 27/08/2019 Peter Woods and Lisa Taylor: Anthony
Harper, Plaintiffs
Peter Leman and Jeremy Thomson:- DLA
Piper, Defendant
NO
CIV-2018-409-000692 Matthew Stuart Vaughan and
Deborah Julie Knudson
Vaughan as trustees of the
Vaughan Family Trust v
Earthquake Commission and
IAG New Zealand Limited
General
Proceeding
(Repairs)
Property at Leinster Road, Merivale. Damaged as a result of the Canterbury earthquake sequence. Policy under IAG.
Repair work undertaken on behalf of first defendant in February 2015. Plaintiffs say repairs were incomplete and
defective and that the first defendant is in breach of its policy obligations as a result. The plaintiffs seek a declaration
that the first defendant is liable to reinstate the inadequate repairs (amongst other declarations), an order for
alternative accommodation costs and legal fees (plus costs and interest). The plaintiffs say the second defendant
failed to accept the claim in a timely manner (amongst other alleged failures). The plaintiffs seek a declaration that if
the statutory cap applies to the EQC claims, and if those claims are deemed to be overlap, the second defendant is
liable to pay the cost incurred by the plaintiffs in rebuilding/repairing the damaged portion of the home, payment of
certain costs including alternative accommodation and general damages (plus costs) against both defendants.
25/09/2018 Peter Woods and Lisa Taylor: Anthony
Harper, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Peter Leman, DLA Piper, Second Defendant
YES DISCONTINUED 17/09/2019
CIV-2018-409-000681 Gary Arthur McNaughton and
Gayle Louise McNaughton v
Earthquake Commission and
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Kensington Avenue, Mairehau. Damaged as a result of 4 September 2010 and 22 February 2011
Canterbury earthquakes. Policy under AMI. The plaintiffs say the first defendant has breached its policy obligations as
it has failed to indemnify the plaintiffs as required by the EQC Act. The plaintiffs seek an order that the first defendant
pays damages in the sum of $115,000 (per earthquake) plus costs and interest. The plaintiffs say the failure by the
second defendant to agree to reinstate the property to the standard required by the policy is a breach of its
obligations. The plaintiffs seek an order for specific performance or a declaration that the second defendant must pay
the cost of repairing the house when incurred (plus interest and costs).
14/09/2018 Karl Robinson:- Shine Lawyers, Plainitffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Morgan Powell and Becky Morris:- Bell Gully,
Second Defendant
YES DISCONTINUED 29/11/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-409-000654 David Michael Bennett and
Sarah Jane Byrne as trustees of
the David Bennett and Sarah
Byrne Family Trust v Earthquake
Commission and Medical
Assurance Society New Zealand
and Medical Insurance Society
Limited
General
Proceeding
(Repairs)
Property at Plynlimon Road, Fendalton. Damaged as a result of the Canterbury earthquake sequence. Policy under
Medical Assurance Society. Deed of Assignment signed January 2016 assigning plaintiffs all benefits under original
claims. The plaintiffs say the first defendant's repair works were incomplete and incompetent. Further damage in 14
February 2016 earthquake. The plaintiffs say the defendants have breached their statutory and policy obligations and
seek judgment in the sum of reinstatement costs(to be determined at trial) (plus interest and costs) from each
defendant. Alternatively, the plaintiffs say the first defendant was negligent in its breach of its duty of care to the
plaintiffs and seek judgment in the sum of the balance of the reinstatement costs (plus costs and interest) against the
first defendant.
4/09/2018 TC after 01/06/2020 Simon Munro and Rachel Pfahlert:-
Anderson Lloyd, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Andrew Horne and Olivia De Pont:- Minter
Ellison, Second Defendant
NO
CIV-2018-409-000651 Karen Gale Goodmanson v IAG
New Zealand Limited and
Buildtech Restorations Limited
General
Proceeding
(Repairs)
Property at Endeavour Street, North New Brighton. Damaged as a result of the Canterbury earthquake sequence.
Policy under IAG. Second defendant was engaged by the plaintiff to undertake building works to the property
pursuant to the policy. The plaintiff says the first defendant has been notified of the inadequate repairs but has
rejected any liability and has failed/refused to discharge its obligations to the plaintiff under the policy (amongst other
alleged failures). The plaintiff seeks judgment for the sum to repair the home to an as new condition or alternatively a
declaration that the first defendant must perform its obligations under the policy and repair the home to an acceptable
standard plus $20,000 general damages (and interest and costs) against the first defendant. The plaintiff says the
second defendant breached its repair contract by completing the works to a poor standard of workmanship (amongst
other alleged failings). The plaintiff seeks judgment for the amount to repair the damage attributed to poor
workmanship and $10,000 general damages (plus costs).
31/08/2018 TC after 01/02/2020 Holly Weston:- Canterbury Legal, Plaintiff
David Ballanty:- Counsel instructed for
plaintiff
Brad Cuff/Linda Hui: - DLA Piper, First
Defendant
Alex Summerlee/Paul Cowey: Parry Field
Lawyers, Second Defendant
NO
CIV-2018-409-000650 Mervyn O'Brien and Alison Lee v
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Beatties Road, Rangiora. Damaged as a result of 4 September 2010 and 22 February 2011 Canterbury
earthquakes. Policy under AMI. The plaintiffs say the defendant is in breach of its obligations under the policy by
paying the plaintiffs nothing to settle the claim (amongst other alleged breaches). The plaintiffs seek reinstatement
costs of $506,261.50 and $50,000 general damages (plus interest and costs) agains the defendant.
3/09/2018 Grant Shand:- Plainitffs
Susan Rowe, Buddle Finlay, Defendant
YES DISCONTINUED 19/12/2018
CIV-2018-409-000648 Istvan Temesvari, Carol Anne
Hannagan and Madonna Gretta
Cherry v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Ensors Road, Opawa. Damaged as a result of the Canterbury earthquake sequence. Policy under AMI.
The plaintiffs say the defendant has failed/refused to meet its obligations under the policy by failing to propose a
remediation strategy to remediate the house to an "as new" condition (amongst other alleged breaches) and seek
reinstatement costs and general damages (plus interest and costs) against the defendant. Alternatively, the plaintiffs
seek a declaration that the defendant is liable to pay to the plaintiffs the full replacement costs of remediating the
house to an as new condition and general damages (plus costs and interest).
3/09/2018 TC after 21/02/2020 Grant Shand:- Plainitffs
David Friar and Morgan Powell - Bell Gully,
Defendants
NO
CIV-2018-409-000645 Louise Margaret Deans v Tower
Insurance Limited
General
Proceeding
Property at Shelley Street, Sydenham. Damaged as a result of the Canterbury earthquake sequence. Policy under
Tower. The plaintiff says the defendant's conduct has breached its duty to act in good faith by failing to accept the
recommendations and scope of works, by providing an inadequate repair figure amongst other failures. The plaintiff
seeks a declaration that the defendant is obliged to arrange for the repair of the home in accordance with the plaintiff's
report, $15,000 for temporary accommodation costs, general damages and professional fees (plus costs).
23/08/2018 Tony Herring:- Mortlock McCormack, Plaintiff
Peter Whiteside QC, Counsel for Plaintiff
Matthew Harris:- Gilbert Walker, Defendant
YES DISCONTINUED 05/09/2019
CIV-2018-409-000641 Busta Investments Limited v
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Jellicoe Street, New Brighton. Damaged as a result of 4 September 2010 and 22 February 2011
Canterbury earthquakes. Policy under AMI. The plaintiff says the failure by the defendant to agree to reinstate the
property to the standard required under the policy is a breach of its obligations and seek an order the defendant
specifically perform its duties pursuant to the policy by paying the costs when incurred to repair the house or a
declaration that the second defendant must pay the costs when incurred of repairing the house (plus costs and
interest).
30/08/2018 Tandy Gwaze-Musesengwa/ Karl Robinson:-
Shine Lawyers, Plaintiff
Morgan Powell:- Bell Gully, Defendant
YES DISCONTINUED 12/09/2019
CIV-2018-409-000640 Peter Colin Banks and Jill Marie
Banks v Earthquake
Commission (Discontinued) and
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Warrington Street, Saint Albans. Damaged as a result of 4 September 2010 and 22 February 2011
Canterbury earthquakes. Policy under AMI. The Plaintiffs say the first defendant has breached its obligations as it has
failed to indemnify the plaintiffs as required by the EQC Act and seek an order that the first defendant pays damages
in the sum of $115,000 (per earthquake event) (plus costs and interest). The plaintiffs say the failure by the second
defendant to agree to pay the costs when incurred to reinstate the house is a breach of its policy obligations and seek
an order for specific performance or a declaration that the second defendant must pay the costs when incurred (plus
costs and interest).
30/08/2018 Fixture - 5 days after
22/05/2020
Eoin Farrell and Karl Robinson:- Shine
Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Morgan Powell, Bell Gully, Second
Defendant
NO
CIV-2018-409-000639 Pauline Warren and Peter
Warren v Earthquake
Commission and Tower
Insurance Limited
General
Proceeding
Property at Wainoni Road, Avondale. Damaged as a result of 4 September 2010 and 22 February 2011 Canterbury
earthquakes. Policy under Tower. The Plaintiffs say the first defendant has breached its obligations as it has failed to
indemnify the plaintiffs as required by the EQC Act and seek an order that the first defendant pays damages in the
sum of $115,000 (per earthquake event) (plus costs and interest). The plaintiffs say the failure by the second
defendant to agree to pay the costs when incurred to reinstate the house is a breach of its policy obligations and seek
an order for specific performance or a declaration that the second defendant must pay the costs when incurred (plus
costs and interest).
30/08/2018 Eoin Farrell/Karl Robinson:- Shine Lawyers,
Plaintiffs
[Awaiting statement of defence]
YES DISCONTINUED 29/10/2018
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-409-000638 Aaron John Fear-Ross, Andrea
Fear-Ross and Landley
Trustees Limited as trustees of
the AJ and A Fear-Ross Family
Trust v Earthquake Commission
(Discontinued) and Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Aylmer Street, Somerfield. Damaged as a result of 4 September 2010 and 22 February 2011 Canterbury
earthquakes. Policy under AMI. The Plainitffs say the first defendant has breached its obligations as it has failed to
indemnify the plaintiffs as required by the EQC Act and seek an order that the first defendant pays damages in the
sum of $115,000 (per earthquake event) (plus costs and interest). The plaintiffs say the failure by the second
defendant to agree to pay the costs when incurred to reinstate the house is a breach of its policy obligations and seek
an order for specific performance or a declaration that the second defendant must pay the costs when incurred (plus
costs and interest).
30/08/2018 TC after 24/01/2020 Andi Fear-Ross, Self Represented
Nathaniel Walker, Russell McVeagh, First
Defendant
Annie Cao, Buddle Findlay, Second
Defendant
NO
CIV-2018-409-000637 Robinson Rentals Limited v
Earthquake Commission and
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Smith Street, Woolston. Damaged as a result of 4 September 2010 and 22 February 2011 Canterbury
earthquakes. Policy under AMI. The plaintiff says the first defendant has breached its obligations as it has failed to
indemnify the plaintiff as required by the EQC Act and seek an order that the first defendant pays damages in the sum
of $115,000 (per earthquake event) (plus costs and interest). The plaintiff says the failure by the second defendant to
agree to pay the costs when incurred to reinstate the house is a breach of its policy obligations and seek an order for
specific performance or a declaration that the second defendant must pay the costs when incurred (plus costs and
interest).
30/08/2018 Fixture - 8 days after
11/09/2020
Tandy Gwaze-Musesengwa/Karl Robinson:-
Shine Lawyers, Plainitff
Nathaniel Walker, Russell McVeagh, First
Defendant
Morgan Powell, Bell Gully, Second
Defendant
NO
CIV-2018-409-000636 Nanu Fakir, Dipikaben Nanu
Fakir, Minal Fakir and Minesh
Nanu Fakirnanu Ravji Fakir v
Earthquake Commission
(Discontinued) and Southern
Response Earthquake Services
Limited
General
Proceeding
(Repairs)
Property at Linwood Avenue, Bromley. Damaged as a result of the Canterbury earthquake sequence. Policy under
AMI. Repairs carried out and supervised by first defendant. Plaintiffs say the repairs were inadequate. The plaintiffs
further say the first defendant has breached its policy obligations as it has failed to indemnify the plaintiffs as required
by the EQC Act. The plaintiffs seek an order that the first defendant pays damages in the sum of $115,000 (per
earthquake) plus costs and interest. The plaintiffs say the failure by the second defendant to agree to reinstate the
property to the standard required by the policy is a breach of its obligations. The plaintiffs seek an order for specific
performance or a declaration that the second defendant must pay the cost of repairing the house when incurred (plus
interest and costs).
30/08/2018 Karl Robinson:- Shine Lawyers, Plainitffs
John Knight and Vincent Schumacherr: First
Defendant
Morgan Powell, Bell Gully, Second
Defendant
YES DISCONTINUED 12/07/2019
CIV-2018-409-000635 Fleur McGuire, James Andrew
McGuire and Michael Clarence
Walker and Mortlocks Lawyers
Trustees 2015 Limited as
trustees of the Andrew McGuire
Trust v Medical Assurance
Society New Zealand and
Medical Insurance Society
Limited
General
Proceeding
Property at Leinster Road, Merivale. Damaged as a result of 4 September 2010 and 22 February 2011 Canterbury
earthquakes. Policy under defendants. The plaintiffs say the failure by the first defendant to pay the cost when
incurred to reinstate the property is a breach of its obligations under the policy and that the first defendant is liablae
either as a contracting party or as a principal for the breach by the second defendant and seek an order for specific
performance or a declaration that the first defendant must pay the cost when incurred of repairing the house (plus
costs and interest). The plaintiffs say the failure by the second defendant to pay the cost when incurred to reinstate the
property is a breach of its obligations under the policy and seek an order for specific performance or a declaration that
the second defendant must pay the cost when incurred of repairing the house (plus costs and interest).
30/08/2018 TC after 13/01/2020 Eoin Farrell/Karl Robinson:- Shine Lawyers,
Plaintiffs
Andrew Horne/Olivia de Pont: Minter Ellison
Rudd Watts, Defendants
NO
CIV-2018-409-000634 Carol Ann Caldwell, Charles
Martin Fleischmann and Simon
Leonard Price as trustees of the
Caldwell Family Trust and as
trustees of the Fleischmann
Family Trust and as partners of
the Caldwell and Fleischmann
Trust Partnership v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Stambridge Place, Cashmere. Damaged as a result of 4 September 2010 and 22 February 2011
Canterbury earthquakes. Policy under AMI. The plaintiffs say the defendant accepted the claim regarding the
earthquake damage to the property but is in breach of the policy as it has failed/refused to pay the first plaintiffs and/or
the second plaintiffs the cost of reinstating the damaged portions of the house (amongst other alleged breaches). The
plaintiffs seek a declaration as to the scope of work and cost to replace or repair the house; a declaration that the
dwelling is uneconomic to repair; judgment for the cost to replace/reinstate the dwelling , or a declaration that the
defendant is liable to pay the cost of replacing or reinstating the house (plus costs and interest).
30/08/2018 TC after 01/04/2020 Michael McKay, Malley and Co:- Plainitffs
Morgan Powell/Sophie East:- Defendant
NO
CIV-2018-409-000632 Tony Alvyn Blanchet and
Michelle Mary Lillian Blanchet v
Earthquake Commission and
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Heathvale Place, Heathcote Valley. Damaged as a result of the Canterbury earthquake sequence. Policy
under AMI. The plaintiffs say the first defendant has breached its policy obligations as it has failed to indemnify the
plaintiffs as required by the EQC Act. The plaintiffs seek an order that the first defendant pays damages in the sum of
$115,000 (per earthquake) plus costs and interest. The plaintiffs say the failure by the second defendant to agree to
reinstate the property to the standard required by the policy is a breach of its obligations. The plaintiffs seek an order
for specific performance or a declaration that the second defendant must pay the cost of repairing the house when
incurred (plus interest and costs).
30/08/2018 TC after 28/02/2020 Eoin Farrell/Karl Robinson:- Shine Lawyers,
Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Morgan Powell/Gabriella Garcia:- Bell Gully,
Second Defendant
NO
CIV-2018-409-000631 Lyndsay Paul Morris v
Earthquake Commission and
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Bassett Street, Burwood. Damaged as a result of 4 September 2010, 22 February 2011 and 23
December 2011 Canterbury earthquakes. Policy under AMI. The plaintiff says the first defendant has breached its
obligations as it has failed to indemnify the plaintiff as required by the EQC Act and seek an order that the first
defendant pays damages in the sum of $115,000 (per earthquake event) (plus costs and interest). The plaintiff says
the failure by the second defendant to agree to pay the costs when incurred to reinstate the house is a breach of its
policy obligations and seek an order for specific performance or a declaration that the second defendant must pay the
costs when incurred (plus costs and interest).
30/08/2018 TC after 28/02/2020 Tiffany Sauni/Karl Robinson:- Shine Lawyers,
Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Morgan Powell/Simone Cooper:- Bell Gully,
Second Defendant
NO
CIV-2018-409-000630 Azeen Tashakkor and Farid
Tashakkor v IAG New Zealand
Limited
General
Proceeding
Property at Wairakei Road, Bryndwr. Damaged as a result of the Canterbury earthquake sequence. Policy under IAG.
The plaintiffs say the defendant's proposed scope of works is not in accordance with the standard of repair set out in
the policy and that the cost of reinstatement will be significantly higher than the estimated cost in the defendant's
scope of works. The plaintiffs seek a declaration that the defendant is liable to pay the cost incurred by the plaintiffs in
repairing/rebuilding the house (including foundation works) amongst other declarations sought, general damages (and
costs).
30/08/2018 Peter Woods/Lisa Taylor:- Anthony Harper,
Plaintiffs
Ian Hunt:- Young Hunter, Defendant
YES DISCONTINUED 10/12/2018
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-409-000629 John Paul Spearing and
Heather Margaret Spearing v
IAG New Zealand Limited
General
Proceeding
Property at Harry Ell Drive, Cashmere. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiffs say the defendant has completed a scope of works which priced the total repairs to the property at
$326,999.86 and that a cash settlement offer was made to the plaintiffs of $265,766.02 but in June 2018 the
defendant told the plaintiffs the offer was no longer available and set out its process for reinstatement. The plaintiffs
say the defendant's proposed scope of works is not in accordance with the standard of repair set out in the policy and
that the cost of reinstatement will be significantly higher than the estimated cost in the defendant's scope of works.
The plaintiffs seek a declaration that the defendant is liable to pay the cost incurred by the plaintiffs in
repairing/rebuilding the house (including foundation works) amongst other declarations sought, general damages (and
costs).
29/08/2018 JSC on 16/09/2019 Peter Woods/Lisa Taylor:- Anthony Harper,
plaintiffs
Peter Hunt:- McElroys, Defendant
NO
CIV-2018-409-000627 Patrick Alexander Beaton and
Christine Kaiata Ariki John v
Lumley General Insurance
(N.Z.) Limited
General
Proceeding
Property at Avonside Drive, Avonside. Damaged as a result of the Canterbury earthquake sequence. Policy under
Lumley. Plaintiffs opted to repair or rebuild the home (under the policy) and following this choice, the defendant chose
to exercise its option under the policy today the cash equivalent of the cost to rebuild the home. The plaintiffs say the
defendant has breached its policy by failing/neglecting to settle the claim quickly and in accordance with its election.
The plaintiffs seek a declaration that the defendant is obliged to settle the plaintiffs claim under the policy by paying a
cash settlement equivalent to the cost of rebuilding the house, special damages and $10,000 general damages in
favour of each defendant (plus costs and interest).
29/08/2018 Rebecca Hopkins:- Lane Neave, Plaintiffs
Glenn Jones, Counsel Instructed for Plaintiffs
[Awaiting statement of defence]
YES DISCONTINUED 11/10/2018
CIV-2018-409-000625 Herbert Lawrence John Govan
and Canterbury Trustees
Limited as trustees of the G N
McVicar No. 1 Trust v
Earthquake Commission and
IAG New Zealand Limited and
Vero Insurance New Zealand
Limited
General
Proceeding
Property at Avonhead Road, Avonhead. Damaged as a result of the Canterbury earthquake sequence. Policy under
Vero. The plaintiffs say they are entitled to be paid by the defendant the difference between the EQC payments and
the maximum entitlement under the policy amongst numerous other costs. The plaintiffs seek a declaration to this
effect and declarations for other costs (plus interest and costs).
24/08/2018 JSC on 25/03/2020 Brian Burke:- Harmans Lawyers, Plaintiffs
Nat Walker and Emma Light, Russell
McVeagh, First Defendant
Bridget Read, Young Hunter, Second and
Third Defendant
NO
CIV-2018-409-000596 Carl Edgar Comber and Paula
Eileen Comber v IAG New
Zealand Limited
General
Proceeding
Property at Eversleigh Street, Saint Albans, comprised of four separate units. Damaged as a result of 22 February
2011 Canterbury earthquake. Policy under IAG. The plaintiffs say the defendant has breached its policy obligations as
it will not agree to the plaintiffs rebuilding on an alternative site for reasons which the plaintiffs say are unreasonable.
The plaintiffs seek a declaration that they are entitled to rebuild the units on an alternative site, and seek an order that
the defendant settles the claim on this basis, on the conditions that: the plaintiffs reimburse the defendant the salvage
value of the units and the cost is limited to the cost payable for rebuilding on the original site (plus costs).
13/08/2018 Fixture - 3 days - on
21/10/2019
Stephen Rennie:-Rhodes and Co, Plaintiffs
Chris Hlavac:- Young Hunter, Defendant
NO Ready List Entry Date: 08/02/2019
Fixture Date: 21/10/2019
Estimated Hearing Days: 3.0
CIV-2018-409-000547 Shirley Ann Rainsbury and
Rachelle Colleen Rainsbury and
Alexander Donald McBeath as
trustees of the Turain Family
Trust v Tower Insurance Limited
General
Proceeding
Property at Fairview Street, Somerfield. Damaged as a result of the Canterbury earthquake sequence. Policy under
Tower. The plaintiffs say the failure by the defendant to agree to pay the costs when incurred to reinstate the house to
the policy standard is a breach of its policy obligations. The plaintiffs seek an order that the defendant specifically
perform its duties pursuant to the policy by agreeing to pay the costs when incurred to repair or rebuild the house.
Alternatively, the plaintiffs seek a declaration that the defendant must pay the costs when incurred by the plaintiff to
repair the earthquake damage (plus costs and interest).
31/07/2018 TC after 07/01/2020 Claudia Leighs/Karl Robinson:- Shine
Lawyers, Plaintiffs
Matthew Harris:- GilbertWalker, Defendant
NO
CIV-2018-409-000539 Angela Davies v IAG New
Zealand Limited
General
Proceeding
Property at Marine Parade, New Brighton. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. Repair works carried out by EQC which exceeded the EQC Act. The plaintiff says the defendant has breached
its contract by declining the plaintiff's claim. The plaintiff seeks a declaration that the defendant is liable to pay the
plaintiff the cost of repairing the earthquake damage to the house or alternatively, damages in the sum of $325,000
(being the estimated cost of repairs less the EQC cap) and $25,000 general damages (plus interest and costs).
25/07/2018 TC after 30/04/2020 Ross Armstrong:- Armstrong Law, Plaintiff
Peter Hunt/Emily Feruson:- McElroys,
Defendant
NO
CIV-2018-409-000538 Allan John Dalton and Deirdre
Joan Dalton v Vero Insurance
New Zealand Limited
General
Proceeding
Property at Jacksons Road, Merivale. Damaged as a result of Canterbury earthquake sequence. Policy under Vero.
The plaintiffs say the defendant has breached its policy obligations as it has failed to pay the plaintiffs the cost of
reinstatement. The plaintiffs seek judgment in the sum of $1,151,040.16 and a declaration that the plaintiffs are
entitled to the costs of full reinstatement (plus costs and interest). The plaintiffs further say that the defendant has
breached its duty of good faith to the plaintiffs and seek general damages and costs against the defendant.
31/07/2018 Simon Munro/Anna Davidson: Anderson
Lloyd, Plaintiffs
Peter Hunt/Sandy Percival:- McElroys,
Defendant
YES TRANSFERRED TO CANTERBURY
EARTHQUAKE INSURANCE TRIBUNAL
16/09/2019
CIV-2018-409-000525 Trustees of the Spijkerman
Family Trust v IAG New Zealand
Limited
General
Proceeding
Property at School Road, Tai Tapu. Damaged as a result of the Canterbury earthquake sequence. Policy under IAG.
The plaintiffs say the defendant is in breach of its policy by refusing to recognise the plaintiffs' entitlement to
reimbursement for the costs of reinstating the house in accordance with the policy. The plaintiffs claim a number of
declarations including that the plaintiffs are entitled to the cost incurred in rebuilding or repairing the house and all
reasonable associated costs, alternative accommodation costs, replacement of contents and restoration of the garden
or lawn (plus interest and costs).
26/07/2018 TC after 01/02/2020 Susan Bevin:- Cavell Leitch, Plaintiffs
Catherine Jamieson - Young Hunter -
Defendant
NO
CIV-2018-409-000524 David Michael Abbott, Anna
Maude Abbott and Celia Gillian
Barker as trustees of the Abbot
Riverstone Trust and David
Michael Abbott and Anna
Maude Abbott v IAG New
Zealand Limited
General
Proceeding
Property at Hussey Road, Northwood. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiffs say the defendant is in breach of its obligations under the policy as it has refused to recognise the
plaintiffs' entitlement for reimbursement for reinstatement costs for the house in accordance with the policy. The
plaintiffs seek several declarations including that the plaintiffs are entitled to costs incurred in rebuilding/repairing the
house and all associated costs reasonably incurred. The plaintiffs further seek judgment for professional fees, a
declaration that the defendant is liable to pay for alternative accommodation, landscaping and general damages (plus
interest and costs).
26/07/2018 Fixture - 5 days after
22/05/2020
Susan Bevin:- Cavell Leitch, Plaintiffs
Peter Leman, DLA Pipr, Defendant
NO
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-409-000518 Christopher Graham Weir,
Bonny Marianne Weir and
Christine Byron as trustees of
the Byron Trust and Furnraly
Trust v IAG New Zealand
Limited
General
Proceeding
Property at Garreg Road, Fendalton. Damaged as a result of the Canterbury earthquake sequence. Policy under IAG.
The plaintiffs say the defendant breached its policy by firstly saying the property would be repaired under the IAG
Managed Repair Programme and then removing the property from the programme and informing the plaintiffs their
only option was to settle. The plaintiffs say the defendant is liable for the cost of reinstatement of the earthquake
damage under the policy. The plaintiffs seek a declaration that the defendant is liable to pay the cost incurred by the
plaintiff in repairing/rebuilding the house to the same extent/condition as new (amongst a number of other
declarations), general damages of $50,000, damages for the engineering costs in the sum of $11,152.07 and
indemnity costs against the defendant.
25/07/2018 Peter Woods/Lisa Taylor:- Anthony Harper,
Plaintiffs
Tim Gallan/Peter Leman: DLA Piper,
Defendant
YES DISCONTINUED 15/10/2019
CIV-2018-409-000496 James David Scott, Norma
Josephine Scott and George
Thomas Scott v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Aotea Terrace, Huntsbury. Damaged as a result of the Canterbury earthquake sequence. Policy under
AMI. The plaintiffs say the defendant has failed/refused to meet its obligations under the policy as it has offered to pay
the plaintiffs an amount that is insufficient to meet the cost of repairing the house to an "as new" condition and to
otherwise settle the plaintiffs' entitlements under the policy. The plaintiffs seek judgment for remedial costs of
$550,019.63 and $30,000 general damages (plus interest and costs) or a declaration that the first defendant is liable
to pay the plaintiffs cost of remediating the house to an as new condition up to a maximum of $550,019.63.
9/07/2018 TC after 03/02/2020 Grant Shand:- Plaintiffs
Susan Rowe:- Buddle Findlay, Defendant
NO
CIV-2018-409-000485 Lindsay Victor North and Janet
Norma North as trustees of the
North Family Home Trust v Vero
Insurance New Zealand Limited
General
Proceeding
Property at Snowdon Road, Fendalton. Damaged as a result of the Canterbury earthquake sequence. Policy under
Vero. The plaintiffs say the defendant is in breach of the policy by failing to settle the plaintiffs' claim under the policy.
The plaintiffs seek a declaration that the plaintiffs are entitled to be indemnified under the policy for damage caused to
the home by the earthquakes (amongst other declarations) plus interest and costs.
29/06/2018 Stephen Rennie:- Rhodes & Co, Plaintiffs
P Hunt and J Heard, McElroys, Defendant
YES DISCONTINUED 04/06/2019
CIV-2018-409-000484 Ross Lester Johnston v
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Bower Avenue, New Brighton. Damaged as a result of the Canterbury earthquake sequence. Policy under
defendant. The plaintiff says the Settlement Agreement entered into with the defendant contained a mistake and as a
result of the mistake, an obligation was imposed or included that was disproportionate and that the plaintiff was
induced to enter into the Settlement Agreement by a misrepresentation made by the defendant. The plaintiff seeks
damages under sections 35 and 43 of the Contract and Commercial Law Act 2007, an order under section 43 of the
air Trading Act 1986, a declaration that the defendant is estopped from relying he Settlement Agreement as a defence
against any claim brought against the defendant by the plaintiff; relief under sections 24 and 28 of the Contract and
Commercial Law Act 2007; an order that the policy be rectified from the date of the transposition and an order that the
defendant shall pay the plaintiff's legal fees and general damages (plus interest).
29/06/2018 TC after 20/12/2019 Tyler Brown:-Saunders Robinson Brown,
Plaintiff
David Friar/Morgan Powell:- Bell Gully,
Defendant
NO
CIV-2018-409-000481 Trudy Scotchbrook as executor
of the estate of Helen Isobel
Wells v Earthquake Commission
and IAG New Zealand Limited
General
Proceeding
(Repairs)
Property at Foster Terrace, Lyttelton. Damaged as a result of Canterbury earthquake sequence. Policy under IAG.
Plaintiff is executor of estate of late mother. The plaintiff says the repairs carried out by the first defendant's agent were
insufficient to repair the home to the EQC standard because the scope of work was deficient and the repairs were not
carried out to an acceptable standard. The plaintiff seeks judgment for $155,196.65 and $10,000 general damages
(plus interest and costs) against the first defendant. The plaintiff says the second defendant has not assessed the
claim against it and seeks a declaration that the defendant is liable to pay to the plaintiff the full cost of
repairing/rebuilding the home (less the firs defendant's liability) (plus interest and costs).
29/06/2018 John Goddard: WCM Legal, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Catherine Jamieson:- Young Hunter, Second
Defendant
YES DISCONTINUED 22/11/2019
CIV-2018-409-000480 Boote v IAG New Zealand
Limited
General
Proceeding
Properties at Featherstone Avenue, Kairaki and 180 Brougham Street, Christchurch. Damaged as a result of
Canterbury earthquake sequence. Policy under IAG. The plaintiffs say the defendant breached its contract obligations
to the plaintiffs with respect to each of the properties and seek judgment for specific performance (plus costs) against
the defendant.
29/06/2018 Shaun Cottrell, Shaun Cottrell Law, Plaintiffs
[Awaiting statement of defence]
YES DISCONTINUED 12/09/2018
CIV-2018-409-000479 Blair William Stanley and Keryn
Laura Stanley v Earthquake
Commission (Discontinued) and
IAG New Zealand Limited
General
Proceeding
(Repairs)
Property at Main North Road, Redwood. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiffs say the earthquake repairs carried out by the first defendant's agents were not carried out to a
workmanlike standard and did not remediate the house to the EQC standard. The plaintiffs seek judgment for up to
$115,000 for the 4 September 2010 and 22 February 2011 events and $50,000 general damages (plus interest and
costs). The plaintiffs further seek reinstatement costs against the second defendant.
29/06/2018 Andrew Ferguson:- AF Law, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Rick Hargreaves/Kiri Petrie:- Duncan
Cotterill, Second Defendant
YES DISCONTINUED 23/09/2019
CIV-2018-409-000478 Rajendra Prasad, Raj Prasad
and Reshma Narayan v Tower
Insurance (Discontinued)
Limited and Earthquake
Commission
General
Proceeding
(Repairs)
Property at Nursery Road, Phillipstown. Damaged as a result of the Canterbury earthquake sequence. Policy under
Tower. Plaintiffs say the EQC repair works were not carried out to a workmanlike standard, did not remediate the
house to the statutory standard and does not comply with the Building Code. The plaintiffs seek judgment for
reinstatement costs of $236,150 (plus costs) against the first defendant or a declaration to the same effect. The
plaintiffs further seek judgment for $350,000 against the second defendant and $50,000 general damages (plus
interest and costs) or judgment for $113,500 and $50,000 general damages (plus interest and costs).
29/06/2018 Andrew Ferguson:- AF Law, Plaintiffs
Matthew Harris:- Gilbert Walker, First
Defendant
John Knight/James Bardsley:- Chapman
Tripp, Second Defendant
YES DISCONTINUED 01/08/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-409-000475 Body Corporate 81691 v
Earthquake Commission and
Vero Insurance New Zealand
Limited
General
Proceeding
(Repairs)
Property at Hereford Street, Central Christchurch. Damaged as a result of the Canterbury earthquake sequence.
Policy under Vero. The plaintiff says the first defendant has breached its statutory duty as it has failed to reinstate the
property to an as new condition and in a reasonably sufficient manner. The plaintiffs seek a declaration that the first
defendant must reinstate the earthquake damage including remediating any defective repairs, or alternatively, it must
pay the cost of reinstatement works to the property (plus interest and costs). The plaintiff says the second defendant
has breached its policy obligations as it has no paid the costs required to reinstate the property to the requisite
standard under the policy nor has it paid any amount to the plaintiff towards the cost to repair/replace the property.
The plaintiff seeks declarations that the second defendant must perform (or engage a contractor to perform and pay
for) the reinstatement works or a declaration that the second defendant must pay to the plaintiff the difference
between any EQC payment and the reinstatement works plus damages (and interest and costs).
29/06/2018 TC after 18/12/2019 Emily Walton/Guy Carter:- Wynn Williams,
Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Stephanie Corban:- Hesketh Henry, Second
Defendant
NO
CIV-2018-409-000474 Trustees of the Mains Jones
Family Trust v Earthquake
Commission and IAG New
Zealand Limited
General
Proceeding
(Repairs)
Property at Urunga Avenue, Strowan. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiffs say the first defendant failed to reinstate the property to the standard required by the Act and is
liable to do so. The plaintiffs seek specific performance that the first defendant must reinstate the earthquake damage
to the property, including remediate any defective repairs or a declaration for the same (plus interest and costs). The
plaintiffs alternatively seek damages for breach of statutory duty/or an order for specific performance or a declaration
that the first defendant must pay the cost of reinstating the property (plus interest and costs). The plaintiffs say the
second defendant breached its policy contract by not paying the cost of repairing/rebuilding the property to the
appropriate condition. The plaintiffs seek a declaration that the defendant must perform the reinstatement of the
earthquake damage or must pay the difference between EQC payments and actual replacement costs, plus damages
(and interest and costs) against the second defendant.
29/06/2018 TC after 19/03/2020 Emily Walton/Hazel Bowering-Scott: Wynn
Williams, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Catherine Jamieson:- Young Hunter, Second
Defendant
NO
CIV-2018-409-000473 Murray Allan Kennedy and
Charmaine Kennedy v IAG New
Zealand Limited
General
Proceeding
Property at Panorama Road, Clifton. Damaged as a result of the Canterbury earthquake sequence. Policy under IAG.
The plaintiffs say they have incurred professional fees and that the defendant has breached its policy obligations by
refusing to pay the professional fees as incurred. The plaintiffs seek judgment in the sum of the professional fees
incurred and costs. The plaintiffs further say the defendant was liable under the policy for the structural repairs and
seek a declaration to to this effect. The plaintiffs say the defendant used the plaintiffs' personal information without
authorisation and circulated it among its servants and agents. The plaintiffs seek damages for intrusion or damages
for the defendant's breach of faith. Finally, the plaintiffs say the defendant wrongfully delayed repair of the property and
see general damages or damages for the defendant's breach of good faith (plus costs).
28/06/2018 Alex Summerlee:- ParryFIeld Lawyers,
Plaintiffs
Misha Henaghan:- DLA Piper, Defendant
YES DISCONTINUED 25/09/2019
Ready List Entry Date: 22/02/2019
Fixture Date: 04/11/2019
Estimated Hearing Days: 4.0
CIV-2018-409-000472 Gary Ronald Niven and Rachel
Anne Niven v IAG New Zealand
Limited
General
Proceeding
Property at Highview Lane, Scarborough. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiffs say the defendant breached its policy obligations as it has refused to accept the amount to be paid
by the defendant under the policy of replacing the home. The plaintiffs seek a declaration that the defendant is
obligated to pay to the plaintiffs up to the total of the Harrisons pricing report (being $4,363,548) minus the amount
paid by EQC and $2194.68 being the residual balance of the temporary accommodation, plus general damages and
costs.
28/06/2018 IA on 15/04/2019 Alex Summerlee, Parry Field: - Plaintiffs and
Peter Whiteside QC, counsel for plaintiffs
Peter Leman/Hannah Stanford:- DLA Piper,
Defendant
NO
CIV-2018-409-000471 Peter Laurance Hobill and
Prudence Mary Hobill as
trustees of the Hobill Trust v
Earthquake Commission and
IAG New Zealand Limited
General
Proceeding
(Repairs)
Property at Creyke Road, Ilam. Damaged as a result of the Canterbury earthquake sequence. Policy under IAG.
Plaintiffs acquired the property from trustees of a trust. Original owners assigned all of their insurance rights to the
plaintiffs as trustees of the Hobill Trust. The plaintiffs say the first defendant breached its duty of care owed to the
plaintiffs as it failed to properly assess the earthquake damage and failed to ensure the scope and repairs were carried
out to the standard required by the EQC Act. The plaintiffs seek judgment for the cost to reinstate the property, or a
declaration that the first defendant is obligated to pay the cost of reinstatement (plus interest and costs). The plaintiffs
say the second defendant is in breach of its obligations pursuant to the property as it has failed to reinstate the
property in accordance with its policy obligations. The plaintiffs seek judgment for the cost to reinstate the property, or
a declaration that the second defendant is obligated to pay the cost of reinstatement (plus interest and costs).
28/06/2018 TC after 01/01/2020 Andrew Logan:- Mortlock McCormack Law,
Plaintiffs and David Jackson, Canterbury
Chambers:- Counsel acting for Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Rick Hargreaves:- Duncan Cotterill, Second
Defendant
NO
CIV-2018-409-000470 Francis Jerome Fitzgerald and
Tina Jacqueline Flight as
Trustees of the Fitzgerald Family
Trust v Lumley General
Insurance Limited
General
Proceeding
Property at Scarborough Road, Scarborough. Damaged as a result of the Canterbury earthquake sequence. Policy
under Lumley. Plaintiffs purchased the property in May 2013 and a deed of assignment for the rights under the EQC
and insurance claims was entered into in August 2013. The plaintiffs say the defendant is in breach of its policy
obligations as it has failed/refused to pay the plaintiffs the cost of reinstating the earthquake damaged portions of the
property or undertake the remedial work to the home. The plaintiffs seek judgment for the cost of remediating the
home to an as new condition or a declaration that the defendant is liable to pay to the plaintiffs the full cost of
reinstating the house (plus interest and costs).
28/06/2018 TC after 10/02/2020 Stuart Stock:- White Fox & Jones, Plaintiffs
Caroline Laband/Richard Tosh:- DLA Piper,
Defendant
NO
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-409-000469 Peter Shaun O'Shannessey and
Trustees of the P S
O'Shannessey Family Trust v
IAG New Zealand Limited and
Max Contracts Limited and
Orange H Management Limited
General
Proceeding
(Repairs)
Property at Penruddock Rise, Westmorland. Damaged as a result of Canterbury earthquake sequence. Policy under
IAG. Repair works undertaken are defective. Plaintiffs say the first defendant is in breach of its obligations as it has
failed/refused to approve and pay for the repair works. The plaintiffs seek damages for the sum required to repair the
house to an as new condition or a declaration that the first defendant is liable to pay the cost of the required repair
works and any other such works as may be required to restore the damaged parts of the house (plus interest and
costs). The plaintiffs say the second defendant breached its duty of care to the plaintiffs by failing to undertake the
repair works in a proper and tradesman like manner and using inadequate or inappropriate materials. The plaintiffs
seek damages to rectify all defective work carried out by the second defendant (plus interest and costs). The plaintiffs
say the third defendant also breached its duty of care to the plaintiffs by failing to undertake the services in a proper
and tradesman like manner, failing to have proper regard to the standard of repair, preparing an inadequate scope of
works and instructing contractors in such a way that the works carried out failed to achieve repair of the house in
accordance wit the policy. The plaintiffs seek damages in the sum of all associated costs.
28/06/2018 TC after 08/06/2020 Glen Ryan:- White Fox & Jones, Plaintiffs
Paul McGillivray:- Duncan Cotterill, First
Defendant
Richard Smedley:- Anthony Harper, Second
Defendant
Scott Galloway, Hazelton Law, Third Party
Susan Bevin, Cavell Leitch, Fifth Defendant
NO
CIV-2018-409-000468 Shannon Ross Parnham and
Louise Jane Parnham v IAG
New Zealand Limited
General
Proceeding
Property at Weston Road, Saint Albans. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. Plaintiffs purchased property in December 2010. The plaintiffs say the defendant has breached its contract of
insurance as it has failed to indemnify the plaintiffs as required under the policy. The plaintiffs seek a declaration that
the defendant is liable to pay to the plaintiffs the cost of the required repair works, and if the plainitffs choose not to
repair the damage, the defendant is liable to pay to the plaintiffs the fair value of loss represented by due damage (plus
interest and costs).
28/06/2018 Glen Ryan:- White Fox & Jones, Plaintiffs
Misha Henaghan and Richard Tosh:- DLA
Piper, Defendant
NO
CIV-2018-409-000467 Clive Steven Cox, Leigh
Georgina Cox and John
Anthony Wheelans as trustees
of the C & L Cox Family Trust v
IAG New Zealand
General
Proceeding
Property at Royds Street, Fendalton. Damaged as a result of the Canterbury earthquake sequence. Policy under IAG.
Plaintiffs purchased property in March 2015. The plaintiffs say the defendant has repudiated or intends to repudiate
the policy and insurance assignment by failing or refusing to reinstate the property to a condition it was prior to the
earthquakes. The plaintiffs further say the defendant is in breach of its obligations pursuant to the policy and insurance
assignment and the Fair Insurance Code. The plaintiffs seek an order that the defendant is required to pay the
current cost of repairing the property (to be quantified at trial) and $25,000 general damages (plus costs and interest).
28/06/2018 TC after 28/02/2020 Andrew Riches and Jessica Manson:-
Saunders and Co, Plaintiffs
Vincent Burns and Brad Cuff, DLA Piper,
Defendant
NO
CIV-2018-409-000466 Hillary Anne Stock v IAG New
Zealand Limited
General
Proceeding
Property at Heathfield Avenue, Fendalton. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiff says the defendant is in breach of its obligations under the policy be failing/refusing to accept the
house is not economically repairable to an as new condition and must be rebuilt. The plaintiff seeks a declaration that
the house is a rebuild and a declaration that the house to which the plaintiff is entitled under the policy requires
enhanced foundations in order to comply with the building legislations (plus interest and costs).
28/06/2018 TC after 13/02/2020 Glen Ryan:-White Fox and Jones, Plaintiff
Chris Shannon/Sarah Henderson:- Duncan
Cotterill, Defendant
NO
CIV-2018-409-000465 Neil Maurice Barker and Patricia
Mary Barker v IAG New Zealand
Limited
Properties at Barbadoes Street, Edgeware. Damaged as a result of the Canterbury earthquake sequence. Policy
under IAG. The plaintiffs say the defendant accepted the plaintiffs' claim for earthquake damage to their properties
but in breach of the policy, has failed to indemnify them as it is required to do so. The plaintiffs seek a declaration that
the repair methodology proposed by the defendant does not meet the standard of repair and reinstatement required
by the policy and a declaration that any repair methodology to be aopted in respect to the plaintiffs' properties shall
require replacement of the foundation and slab, and localised repair to the superstructure. The plaintiffs further seek
an order that the defendant is required to pay the current cost of repairing the properties and $25,000 general
damages (plus interest and costs) against the defendant.
28/06/2018 Tania Hutchinson:- Saunders and Co,
Plaintiffs
Richard Tosh/ Misha Henaghan:- Duncan
Cotterill
YES DISCONTINUED 12/09/2019
CIV-2018-409-000464 Trustees of the Busby Trust v
IAG New Zealand Limited
General
Proceeding
Property at Totara Street, Fendalton. Damaged as a result of Canterbury earthquake sequence. Policy under IAG.
The plaintiffs say the defendant has breached its obligations under the policy by failing to properly investigate the
home; failing to identify an appropriate repair methodology which meets the policy standard; failing to produce a scope
of works which meets the policy standard and failing to repair/rebuild all earthquake-damaged aspects of the home to
the policy standard (amongst other policy breaches). The plaintiffs seek a declaration that the policy standard requires
the foundation to be replaced (amongst other declarations) and an order that the defendant repairs/rebuilds all
earthquake-damaged aspects of the home to the policy standard, or, pays those costs ($2.663 million) plus interest
and costs.
28/06/2018 Dean Muss/Julie Muslin Caradus:- Fletcher
Vautier Moore, Plaintiff
Caroline Laband/Sophie Merkin:- DLA Piper,
Defendant
YES TRANSFERRED TO CANTERBURY
EARTHQUAKE INSURANCE TRIBUNAL
01/08/2019
CIV-2018-409-000463 Owen Noel Tough and
Catherine Anne Gilmore v IAG
New Zealand Limited
General
Proceeding
Property at Inwoods Close, Parklands. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiffs say the defendant has breached its policy obligations as it has not agreed to pay the reinstatement
costs arising form the plaintiffs' methodology. The plaintiffs seek a declaration that the defendant is required to pay the
reinstatement costs arising from the plaintiffs' methodology (plus costs) or judgment in the amount of the
reinstatement costs (plus costs).
28/06/2018 James Puller/Amy Kennerley:- Taylor Shaw,
plaintiffs
Paul Smith/Simon Connolly:- Duncan
Cotterill
YES TRANSFERRED TO CANTERBURY
EARTHQUAKE INSURANCE TRIBUNAL
30/08/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-409-000461 Trustees of the Anna Thomson
Trust v IAG New Zealand
Limited
General
Proceeding
Property at Winchester Street, Merivale. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiffs say the defendant is in breach of its policy as it has not agreed to pay the reinstatement costs, has
refused/neglected to meet its obligations under the insurance policy and is relying on a repair methodology which
does not accord with the structural engineering advice the defendant is relying on. The plaintiffs seek a declaration
that the defendant is required to pay reinstatement costs arising from the plaintiffs' proposed methodology (plus costs)
or alternatively, judgment for all outstanding reinstatement costs (plus costs). The plaintiffs further say the defendant
has breached its duty of good faith to the plaintiffs and seek judgment for reinstatement costs and $30,000 general
damages (plus costs) against the defendant.
28/06/2018 TC after 20/12/2019 Sam Hider:- Simpson Grierson, Plaintiffs
Caroline Laband/Richard Tosh:- DLA Piper,
Defendant
NO
CIV-2018-409-000458 Grace Chula Creenaiva Hart as
Trustee of the Tara R Hood
Trust and Tara Rose Harris v
Vero Insurance New Zealand
Limited
General
Proceeding
Property at Taylors Mistake Road, Scarborough. Damaged as a result of the Canterbury earthquake sequence. Policy
under Vero. The plaintiffs say the defendant is in breach of its policy obligations as it has refused to recognise the
plaintiffs' entitlement to reimbursements for reinstatement costs. The plaintiffs claim a declaration that the plaintiff is
entitled to the cost incurred in repairing/rebuilding the property (plus associated costs and expenses), temporary
accommodation costs and up to $100,000 for contents as may be required (plus costs and interest).
27/06/2018 Richard Hargreaves, Wynn Williams, Plaintiff
Peter Hunt/Emily Ferguson: McElroys,
Defendant
YES DISCONTINUED 14/05/2019
CIV-2018-409-000457 Arthur Frederick Eyre v IAG
New Zealand Limited
General
Proceeding
Property at Flinders Road, Heathcote. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiff says the defendant is in breach of its obligations under the policy as it has refused to recognise the
plaintiff's entitlement to reimbursement for the costs of reinstating the house. The plaintiff seeks a declaration that the
plaintiff is entitled to the cost incurred in rebuilding/repairing the house (plus associated costs and fees), up to $15,000
for alternative accommodation, $2,000 landscaping and general damages (plus interest and costs).
27/06/2018 Susan Bevin:- Cavell Leitch, Plaintiff
Peter Leman/Jeremy Thomson: DLA Piper,
Defendant
YES DISCONTINUED 12/09/2019
CIV-2018-409-000456 Main South Trustees Limited as
trustees of the Main South
Family Trust and Allen Hargen v
IAG New Zealand Limited
General
Proceeding
Property at Desmond Street, Fendalton. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiffs say the defendant is liable to pay to the plaintiffs the cost of repairing the house to the same
condition and extent as when new. The plaintiffs seek a declaration that the plaintiffs are entitled to the cost incurred
rebuilding/repairing the house (plus associated expenses and fees), up to $25,000 for alternative accommodation,
$3,000 for landscaping and general damages (plus interest and costs) against the defendant. The plaintiffs also seek
$172,550 for replacement of contents (plus interest and costs) against the defendant.
27/06/2018 Fixture 7 days after 26
October 2020
Susan Bevin:- Cavell Leitch, Plaintiff
Chris Shannon/Sarah Henderson:- Duncan
Cotterill, Defendant
NO Ready List Entry Date: 21/02/2019
CIV-2018-409-000455 Darren John Mitchell and Jay
Lynn Tamara v Earthquake
Commission and IAG New
Zealand Limited
General
Proceeding
(Repairs)
Property at Dyers Pass Road, Cashmere. Damaged in September 2010 and February 2011. Policy under IAG. The
plaintiffs say the first defendant breached its obligations as it failed to apply the correct standard of reinstatement,
failed to properly assess the earthquake damage and the work required to reinstate the damage and it has failed to
make payment to the plaintiffs in respect of the earthquake damage. The plaintiffs claim judgment for $100,000 in
respect of hte earthquake damage and $20,000 in respect of the contents damage (plus interest and costs) against
the first defendant. The plaintiffs say the second defendant, in breach of its policy, has refused to recognise the
plaintiffs' entitlement to reimbursement for reinstatement costs and that the defendant is liable for alternative
accommodation costs and for replacement of contents as may be required as a result of reinstatement work. The
plaintiffs seek a declaration that the plaintiffs are entitled to reinstatement costs (and associated expenses and fees),
$20,000 for alternative accommodation, $2,000 for landscaping, a declaration that the defendant is liable to pay for
the replacement of any contents and general damages (plus interest and costs).
27/06/2018 TC after 13/12/2019 Susan Bevin:- Cavell Leitch, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Aaron Sheriff, Duncan Cotterill, Second
Defendant
NO
CIV-2018-409-000454 Trustees of the Penelope Anne
Balfour Nippard Trust v IAG
New Zealand Limited
General
Proceeding
Property at Dyers Pass Road, Cashmere. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiffs say the defendant has breached its obligations under the policy as it refused to authorise the
plaintiffs to proceed with the repair works, has refused to pay any sum towards the contract price and has failed to pay
any sum to the plaintiffs in settlement of the claim. The plaintiffs seek a declaration that the defendant must pay to the
plaintiffs the reinstatement costs (plus interest), $20,000 for temporary accommodation, consultant and professional
fees and costs.
27/06/2018 Sarah Manning:- Mortlock McCormack Law,
Plaintiffs and C R Johnstone, counsel acting
for plaintiffs
Rick Hargreaves:- Duncan Cotterill,
Defendant
YES TRANSFERRED TO CANTERBURY
EARTHQUAKE INSURANCE TRIBUNAL
20/08/2019
CIV-2018-409-000453 Donald Maclean Paterson v
Earthquake Commission and
IAG New Zealand Limited
(Discontinued)
General
Proceeding
Property at Bossu Road, Wainui. Damaged as a result of the Canterbury earthquake sequence. Policy under IAG.
The plaintiff says the first defendant's scope of works did not meet its statutory obligations and that the first defendant
is liable to make payments to the plaintiff. The plaintiff seeks $100,000 (plus GST and less any payments made to
date) and $20,000 damages (plus interest and costs) against the first defendant. The plaintiff says the second
defendant has breached its policy obligations by refusing to recognise the plaintiff's entitlements to reimbursement for
the cost of reinstating the house. The plaintiff claims a declaration that it is entitled to the cost incurred in
rebuilding/repairing the house, judgment for professional fees, $15,000 for alternative accommodation, $2,000
landscaping and general damages (plus interest and costs).
27/06/2018 Susan Bevin:- Cavell Leitch, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Chris Shannon/Laura McLoughlin-Ware:-
Duncan Cotterill, Second Defendant
YES DISCONTINUED 24/10/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-409-000451 Gina Louise Moore
(Discontinued) v IAG New
Zealand Limited
General
Proceeding
(consolidated with
CIV 2018-409-449
which is lead file)
Property at Marine Parade, New Brighton. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiff says the house is uneconomic to repair and seeks a declaration to this effect, $1,000 for stress
payment (plus interest) and costs. The plaintiff further says the defendant has breached its policy obligations as it has
not properly assessed the required reinstatement of the house in accordance with the policy. The plaintiff seeks
judgment for $7,927.70 for consultants' costs, $25,000 general damages (plus interest) and costs, $24,640 for
alternative accommodation and a declaration that the defendant must pay the cost of replacing the plaintiff's carpets
and drapes (plus costs).
27/06/2018 Mark Henderson/Holly Brown: Corcoran
French, Plaintiffs
Paul Smith/Vanessa Ma: Duncan Cotterill,
Defendant
YES DISCONTINUED 03/08/2018
CIV-2018-409-000450 William Gerard Degen v IAG
New Zealand Limited
General
Proceeding
Property at Panorama Road, Clifton Hill. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiff wishes to reinstate the house in accordance with its entitlements under the policy and says the
defendant is liable for the cost of reinstatement of the earthquake damage, in accordance with the policy. The plaintiff
says the defendant's proposed scope of repairs is not in accordance with the policy standard. The plaintiff seeks a
declaration that the defendant is liable to pay the cost incurred by the plaintiff in repairing or rebuilding the house
(amongst other declarations sought), an order the defendant pays the plaintiff's alternative accommodation costs,
$15,000 general damages and costs.
27/06/2018 JSC after 06/12/2019 Peter Woods/Lisa Taylor: Anthony Harper,
Plaintiffs
Matthew Booth/Peter Leman: DLA Piper,
Defendant
NO
CIV-2018-409-000449 Enchante Properties Limited v
IAG New Zealand Limited
General
Proceeding
(Consolidated with
CIV 2018-409-
451)
Property (comprised of seven units in a multi-unit complex) at Marine Parade, New Brighton. Damaged as a result of
the Canterbury earthquake sequence. Policy under IAG. The plaintiff says the defendant is liable under the policy to
pay the cost of rebuilding the home and that it has breached its policy by not properly assessing the required
reinstatement of the property in accordance with the policy. The plaintiffs seek a declaration that the cost of rebuilding
the property on its present site is an amount to be determined at trial, judgment of $24,512.72 for consultants'
costs(plus interest and costs) and judgment for $14,460 for alternative accommodation (plus interest and costs) and a
declaration that the defendant must pay the cost of replacing the plaintiff's carpets and drapes into he amount of
$5,000.
27/06/2018 Mark Henderson/Holly Brown: Corcoran
French, Plaintiffs
Paul Smith/Vanessa Ma: Duncan Cotterill,
Defendant
YES DISCONTINUED 09/12/2019
CIV-2018-409-000448 Trustees of the Craig Raxworthy
Family Trust v IAG New Zealand
Limited
General
Proceeding
Property at Dalweny Lane, Cracroft. Damaged as a result of Canterbury earthquake sequence. Policy under IAG. The
plaintiffs say the defendant is liable for the cost of reinstatement of the earthquake damage, in accordance with the
policy and the standard of repair set out in the policy and that the defendant's repair scope is not in accordance with
the policy standard. The plaintiffs seek a declaration that the defendant is liable to pay the cost incurred by the plaintiffs
in repairing the property and declarations for certain associated costs. The plaintiffs also seek an order that the
defendant pays for the plaintiffs' alternative accommodation costs and $15,000 general damages (plus costs).
Peter Woods/Lisa Taylor: Anthony Harper,
Plaintiffs
Peter Leman/Jeremy Thomson:- DLA Piper,
Defendant
YES DISCONTINUED 03/10/2019
CIV-2018-409-000445 Kevin Charles Leech v IAG New
Zealand Limited
General
Proceeding
Property at Clyde Road, Riccarton. Damaged in September 2010 and February 2011. Policy under IAG. The plaintiff
says the failure by the defendant to agree to reinstate the property to the standard set out in the policy is a breach of
its policy obligations. The plaintiff claims an order that the defendant specifically performs its policy obligations by
paying the difference between the maximum payable by the defendant and by EQC or a declaration that the
defendant must pay the cost when incurred by the plaintiff to repair the earthquake damage (plus costs and interest).
26/06/2018 self-represented, Plaintiff
Catherine Jamieson/Abby Bradford:- Young
Hunter, Defendant
YES DISCONTINUED 28/08/2019
CIV-2018-409-000444 Jolon Dyer and Rosa Dyer v
Earthquake Commission and
IAG New Zealand Limited
General
Proceeding
Property at Kenwyn Avenue, Saint Albans. Damaged in September 2010 and February 2011. Policy under IAG. The
plaintiffs say the first defendant has breached its obligations under the EQC Act as it has failed to indemnify the
plaintiffs as required by the EQC Act. The plaintiffs seek an order that the first defendant pay damages in the sum of
$115,000 (per earthquake) (plus costs and interest). The plaintifsf say the failure by the second defendant to agree to
pay the cost when incurred to reinstate the house to the policy standard is a breach of its obligations under the policy.
The plaintiffs seek an order that the second defendant specifically perform its obligations under the policy by paying
the cost when incurred to reinstate the house or a declaration that the defendant must pay the cost when incurred by
the plaintiffs to reinstate the house (plus costs and interest).
26/06/2018 TC after 21/01/2020 Claudia Leighs/Karl Robinson:- Shine
Lawyers, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Catherine Jamieson/Megan Gall: Young
Hunter, Second Defendant
NO
CIV-2018-409-000443 Robert Gregory Fantham v
Earthquake Commission and
IAG New Zealand Limited
(Discontinued)
General
Proceeding
Property at Denman Street, Sumner. Damaged in September 2010 and February and one 2011. Policy under IAG.
The plaintiff says the first defendant has breached its obligations under the EQC Act as it has failed to indemnify the
plaintiff as required by the EQC Act. The plaintiff seeks an order that the first defendant pay damages in the sum of
$115,000 (per earthquake) (plus costs and interest). The plaintiff says the failure by the second defendant to agree to
pay the cost when incurred to reinstate the house to the policy standard is a breach of its obligations under the policy.
The plaintiff seeks an order that the second defendant specifically perform its obligations under the policy by paying
the cost when incurred to reinstate the house or a declaration that the defendant must pay the cost when incurred by
the plaintiff to reinstate the house (plus costs and interest).
26/06/2018 TC after 09/02/2020 Andrew Marsh, Barrister, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Paul Smith/Dana Beissel:- Duncan Cotterill,
Second Defendant
NO
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-409-000442 Christopher McLeod v
Earthquake Commission and
IAG New Zealand Limited
General
Proceeding
(Repairs)
Property at Harrison Street, Mairehau. Damaged in September 2010 and February 2011. Policy under IAG. The
plaintiff says the first defendant breached its statutory obligations as it failed to indemnify the plaintiff as required. The
first defendant carried out certain repairs however its scope and repairs does not meet the second defendant's
obligation to repair/rebuild the property to substantially the same condition as when new. The plaintiff seeks an order
that the first defendant pays damages in the sum of $115,000 (per earthquake) less any amounts paid to date (plus
interest and costs). The plaintiff says the failure by the second defendant to agree to reinstate the property to the
standard required by the policy is a breach of its obligations under the policy. The plaintiff seeks an order that the
second defendant specifically performs its duties pursuant to the policy by paying the amount payable under the policy
or a declaration that the scope of works to repair the damage is as advised by the engineer retained by the plaintiff
(plus costs and interest).
26/06/2018 TC after 13/03/2020 Eoin Farrell/Karl Robinson: Shine Lawyers,
Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Brad Cuff/Charles Henley:-DLA Piper,
Second Defendant
NO
CIV-2018-409-000441 Linda Maria King and Jayson
Peter King v IAG New Zealand
Limited
General
Proceeding
Property at Brightstone Crescent, Bexley. Damaged in September 2010 and February 2011. Policy under IAG. The
plaintiffs say the failure by the defendant to agree to pay the cost to reinstate the property to the standard required is a
breach of its obligations under the policy. The plaintiffs seek an order that the defendant specifically performs its duties
by paying the cost when incurred to repair/rebuild the house or a declaration that the defendant must pay the cost of
repairing the house (plus costs and interest).
26/06/2018 Eoin Farrell/Karl Robinson: Shine Lawyers,
Plaintiff
[Awaiting statement of defence]
YES DISCONTINUED 20/02/2019
CIV-2018-409-000440 Andrew Charles Murchison and
Jane Rebecca Murchison v
Earthquake Commission and
IAG New Zealand Limited
General
Proceeding
Property at Tomes Street, Papanui. Damaged in September 2010 and February 2011. Policy under IAG. The plaintiffs
say the first defendant has breached its statutory obligations as it has failed to indemnify the plaintiffs as required. The
plaintiffs seek an order that the first defendant pay damages up to $115,000 per earthquake (plus interest and costs).
The plaintiffs says the failure by the second defendant to agree to pay the cost when incurred to reinstate the house to
the policy standard is a breach of its obligations under the policy. The plaintiffs seek an order that the second
defendant specifically perform its duties pursuant to the policy or a delcaration that the second defendant must pay the
cost when incurred by the plaintiffs to repair the earthquake damage to the house.
26/06/2018 TC after 20/01/2020 Claudia Leighs/Karl Robinson:- Shine
Lawyers, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Catherine Jamieson, Young Hunter, Second
and Third Defendant
NO
CIV-2018-409-000439 Daresbury Investments Limited v
IAG New Zealand Limited
General
Proceeding
Properties at Bealey Avenue, Christchurch Central. Damaged in September 2010 and February 2011. Policy under
IAG. The plaintiff says the failure by the defendant to agree to pay to reinstate the property to the standard required is
a breach of its obligations under the policy. The plaintiff seeks an order that the second defendant specifically
performs its duties by paying the costs when incurred to repair or rebuild the house or a declaration that the defendant
must pay the cost of repairing the house (plus interest and costs).
26/06/2018 TC after 14/02/2020 Eoin Farrell/Karl Robinson: Shine Lawyers,
Plaintiff
Aaron Sherriff/Caitlin Sampson: Duncan
Cotterill, Defendant
NO
CIV-2018-409-000438 Peter William Scott v
Earthquake Commission and
IAG New Zealand Limited
General
Proceeding
Property at Kenwyn Avenue, Saint Albans. Damaged in September 2010 and February 2011. Policy under IAG. The
plaintiff says the first defendant is in breach of its statutory obligations as has failed to indemnify the plaintiff as
required. The plaintiff seeks an order that the first defendant pays damages in the sum of $115,000 (per earthquake)
plus interest and costs. The plaintiff says the second defendant's failure to agree to reinstate the property to the policy
standard is a breach of its policy obligations. The plaintiff seeks an order that the second defendant specifically
perform its duties pursuant to the policy by paying the costs when incurred to repair the house or a declaration that the
second defendant must pay the cost when incurred (plus costs and interest).
26/06/2018 Angela Parlane and Karl Robinson: - Shine
Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Daniel Weaherley:- Young Hunter, Second
Defendant
YES DISCONTINUED 13/08/2019
CIV-2018-409-000436 Suphot Phanyom v Earthquake
Commission and Lumley
General Insurance (N.Z.)
Limited
General
Proceeding
Property at Westminster Street, Saint Albans. Damaged as a result of the Canterbury earthquake sequence. Policy
under Lumley. The plaintiff says the first defendant is in breach of it obligations as it has failed to indemnify the plaintiff
as required. The plaintiff seeks an order that the first defendant pay damages of $115,000 (per earthquake) plus costs
and interest. The plaintiff says the failure by the second defendant to agree to pay costs when incurred to reinstate the
house to the policy standard is a breach of its obligations. The plaintiff seeks an order that the defendant specifically
perform its duties by paying the cost when incurred or a delcaration that the second defendant must pay the cost
when incurred (plus costs and interest).
26/06/2018 TC after 23/12/2019 Tandy Gwaze-Musesengwa:- Shine
Lawyers, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Kerry Moor: DLA Piper, Second Defendant
NO
CIV-2018-409-000435 Alistair Stuart Malcolm and
Sandra Jane Malcolm v
Earthquake Commission
Discontinued) and IAG
Insurance Limited
General
Proceeding
(Repairs)
Property at Rockview Place, Mount Pleasant. Damaged as a result of the Canterbury earthquake sequence. Policy
under IAG. The first defendant carried out repairs in accordance with its scope. The plaintiffs say the first defendant
breached its statutory obligations as it failed to indemnify the plaintiffs as required in relation to the house. The plaintiffs
seek an order that the first defendant pay damages up to $115,000 (per earthquake) (plus costs and interest). The
plaintiffs say the second defendant's failure to agree to reinstate the house in accordance with the policy is a breach of
its policy obligations. The plaintiffs seek an order that the second defendant specifically perform its duties by paying
the costs when incurred to repair/rebuild the house or a declaration that the second defendant must pay the cost
when incurred (plus interest and costs).
26/06/2018 Hans van Schreven, Clark Boyce, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Charles Henley and Misha Heneghan:- DLA
Pipr, Second Defendant
YES TRANSFERRED TO CANTERBURY
EARTHQUAKE INSURANCE TRIBUNAL
19/09/2019 - consented
CIV-2018-409-000434 Bevan John Moore as
administrator of the Estate of
Frederick Herbert Moore v
Earthquake Commission and
IAG New Zealand Limited
General
Proceeding
Property at Pembrooke Street, Avondale. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiff says the first defendant has breached its obligations as it has failed to indemnify the defendant as
required by the EQC Act. The plaintiff seeks an order that the first defendant pay damages of $115,000 (per
earthquake) plus interest and costs. The plaintiff says the second defendant's failure to agree to reinstate the property
to the policy standard is a breach of its obligations. The plaintiff seeks an order that the second defendant specifically
performs its duties pursuant to the policy or a declaration that the second defendant must pay the cost when incurred
by the plaintiff (plus costs and interest).
26/06/2018 Tandy Gwaze-Musesengwa/Karl Robinson:-
Shine Lawyers, Plaintiff
Nicoel Burt:- Chapman Tripp, First
Defendant
Chris Shannon:- Duncan Cotterill, Second
Defendant
YES DISCONTINUED 04/04/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-409-000433 Kevin Charles Leech v IAG New
Zealand Limited
General
Proceeding
Property at Clyde Road, Riccarton. Damaged as a result of the Canterbury earthquake sequence. Policy under IAG.
The plaintiff says the failure by the defendant to agree to reinstate the property to the policy standard is a breach of its
obligations under the policy. The plaintiffs seek an order that the second defendant specifically performs its duties
pursuant to the policy or a declaration that the second defendant must pay the cost when incurred by the plaintiff to
repair the earthquake damage (plus costs and interest).
26/06/2018 self-represented, Plaintiff
Catherine Jamieson/Abby Bradfor:- Young
Hunter, Defendant
YES DISCONTINUED 28/08/2019
CIV-2018-409-000430 Robert Francis Eathorne and
Trustees of the R F Eathorne
Family Trust v IAG New Zealand
Limited
General
Proceeding
Property at Woodlau Rise, Huntsbury. Damaged as a result of Canterbury earthquake sequence. Policy under IAG.
The plaintiffs say the defendant is in breach of its contract as it has failed to agree to pay the cost necessary to
reinstate the property to the policy standard and as it has failed to indemnify the plaintiffs for the earthquake damage
to the policy standard. The plaintiffs seek a declaration as to the maximum amount that the defendant is liable to pay
under the policy (plus interest and costs). The plaintiffs further say the defendant has breached its duty of good faith to
the plaintiffs and seek an award of general damages (plus costs and interest) against the defendant.
26/06/2018 Melissa Borcoski:- Saunders Robinson
Brown, Plaintiffs
Richard Tosh:- DLA Piper, Defendant
YES DISCONTINUED 07/08/2019
Ready List Entry Date: 01/05/2019
Fixture Date: 04/11/2019
Estimated Hearing Days: 8.0
CIV-2018-409-000428 Andrew Ronald Gardiner and
Tanya Jolene Gardiner v
Earthquake Commission and
IAG New Zealand Limited
General
Proceeding
(Repairs)
Property at Perry Street, Papanui. Damaged in September 2010 and February and June 2011. Policy under IAG.
Plaintiffs purchased the property in June 2013 and a deed of assignment was signed in June 2013. The first
defendant carried out some repair works around September 2013 but these did not include any remediation to the
foundation. The plaintiff says the first defendant has failed to reinstate the earthquake damage to the property and
seek a declaration that the first defendant has elected to, and is obliged to carry out work to reinstate the earthquake
damage. Alternatively, a declaration as to the maximum amount the first defendant is liable to pay. The plaintiffs say
the second defendant has breached the terms of its policy as it has failed to indemnify the plaintiffs for their full
entitlement under the policy. The plaintiffs seek a declaration as to the maximum amount the second defendant is
liable to pay (plus interest and costs).
26/06/2018 TC after 19/12/2019 Melissa Borcoski:- Saunders Robinson
Brown, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Matthew Booth:- DLA Piper, Second
Defendant
NO
CIV-2018-409-000427 John Leonard Bevin and
Margaret Joan Askin v
Earthquake Commission and
IAG New Zealand Limited
General
Proceeding
Property at Cardiff Avenue, Somerfield. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiff says the first defendant has failed to discharge its statutory obligations to the plaintiff as its payments
are insufficient to remedy the earthquake damage and the first defendant has failed to scope all the earthquake
damage. The plaintiffs seek a declaration as to the maximum amount the first defendant is liable to pay to the plaintiffs
(plus interest and costs). The plaintiffs say the second defendant has breached the terms of its policy as it has failed to
indemnify the plaintiffs for their full entitlement under the policy. The plaintiffs seek a declaration as to the maximum
amount the second defendant is liable to pay to meet its policy obligations (plus interest and costs).
26/06/2018 Melissa Borcoski:- Saunders Robinson
Brown, Plaintiffs
Sarah Kettani:- Chapman Tripp, First
Defendant
Nick Laing:- Duncan Cotterill, Second
Defendant
YES DISCONTINUED 17/04/2019
CIV-2018-409-000426 Trustees of the Bourke Family
Trust v Earthquake Commission
and IAG New Zealand Limited
(Discontinued)
General
Proceeding
(Repairs)
Property at Webb Street, Saint Albans. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. Property purchased by plaintiffs in February 2016 and a deed of assignment signed in February 2016. Repair
work undertaken by first defendant prior to plaintiffs purchasing property. The plaintiffs say the first defendant is in
breach of its obligations to the plaintiffs as failed to identify and repair all earthquake damage appropriately and
satisfactorily. The plaintiffs seek a declaration that the first defendant is liable to pay the costs of the reinstatement of
the earthquake damage plus costs against the first defendant. The plaintiffs further seek a declaration as to the
apportionment of costs (between defendants) (amongst other declarations sought), declarations for certain costs, an
order for temporary accommodation costs, general damages of $15,000 each and costs.
25/06/2018 TC after 20/01/2020 Peter Woods/Lisa Taylor:- Anthony Harper,
Plainitffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Dana Beissel:-Duncan Cotterill, Second
Defendant
NO
CIV-2018-409-000425 Frederick Jeffrey Maslen and
Angelika Maria Maslen v IAG
New Zealand Limited
General
Proceeding
Property at Cracroft Terrace, Cashmere. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiffs say the defendant is liable for the cost of reinstatement of the earthquake damage (in accordance
with the policy standard) and that the defendant's proposed repair scope is not in accordance with the standard or
terms of the policy. The plaintiffs seek a declaration that the defendant is liable to pay the cost when incurred by the
plaintiffs in repairing/rebuilding the property (and other costs sought by the plaintiffs); an order for temporary
accommodation costs (amongst other declarations), general damages of $15,000 each and costs against the
defendant.
25/06/2018 TC after 15/02/2020 Peter Woods/Lisa Taylor:- Anthony Harper,
Plainitffs
Richard Hargreaves/Dana Beissel:- Duncan
Cotterill, Defendant
NO
CIV-2018-409-000424 Trustees of the Hinau Equities
Trust v IAG New Zealand
Limited
General
Proceeding
Property at Wai-iti Terrace, Burnside. Damaged as a result of the Canterbury earthquake sequence. Policy under IAG.
The plaintiffs say the reduction by the defendant of the estimated repair cost was in breach of the defendant's duty of
good faith owed to the plaintiffs. The plaintiffs further say the defendant is liable for the cost of reinstatement of the
earthquake damage (in accordance with the policy) and that the defendant's proposed repair scope and process is
not in accordance with the policy. The plaintiffs seek a declaration that the defendant is liable to pay the cost when
incurred by the plaintiffs in repairing/rebuilding the property (amongst other costs sought); an order for temporary
accommodation costs (amongst other declarations), damages and general damages of $15,000 each plus costs.
25/06/2018 JSC after 07/10/2019 Peter Woods/Lisa Taylor:- Anthony Harper,
Plainitffs
Aaron Sherriff and Edward Greig:- Duncan
Cotterill, Defendant
NO
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-409-000423 Phillipa Adair Davies v IAG (New
Zealand) Limited
General
Proceeding
Property at Kinsey Terrace, Redcliffs. Damaged in September 2010 and February and June 2011. Policy under IAG.
The plaintiff says the defendant is liable for the reinstatement costs of the earthquake damage in accordance with the
policy and that the defendant represented and agreed that the plaintiff could proceed with the reinstatement but then
stated it no longer consented. The plaintiff seeks a declaration that the defendant is estopped from denying that the
agreement for reinstatement is binding and enforceable. The plaintiff further seeks a declaration that the defendant is
liable to pay the cost when incurred by the plaintiff in rebuilding the home to an as new condition plus costs against
the defendant. If the reinstatement agreement is not binding and enforceable, the plaintiff seeks a declaration that the
plaintiff has a right to elect to rebuild the home (amongst other declarations) and that the defendant is to pay the cost
incurred by the plaintiff in rebuilding the new home (plus damages, interest and costs) against the defendant.
25/06/2018 JSC after 21/10/2019 Peter Woods/Lisa Taylor:- Anthony Harper,
Plainitffs
Caroline Laband/Brad Cuff:- DLA Piper,
Defendant
NO
CIV-2018-409-000421 Trustees of the McGill Family
Trust v Lumley General
Insurance (N.Z.) Limited
General
Proceeding
Property at Balmoral Lane, Redcliffs. Damaged in September 2010 and February 2011. Policy under Lumley. The
plaintiffs say the defendant is liable for the cost of reinstatement of earthquake damage to the policy standard (which is
"as when it was new" and not "pre-EQ damage state"). The plaintiffs seek a declaration that the defendant is liable to
pay the cost incurred by the plaintiffs in repairing the property to an "as new" standard, an order for temporary
accommodation costs, $15,000 general damages and costs against the defendant.
25/06/2018 TC after 31/01/2020 Peter Woods/Lisa Taylor:- Anthony Harper,
Plainitffs
Caroline Halliday:- DLA Piper, Defendant
NO
CIV-2018-409-000420 Hyo Jung Jin v IAG New
Zealand Limited
General
Proceeding
Property at Kahu Road, Fendalton. Damaged as a result of Canterbury earthquake sequence. Policy under IAG. The
plaintiff says the defendant is liable for the reinstatement costs of the earthquake damage in accordance with the
policy and the defendant's proposed repair scope is not in accordance with the standard of repair set out in the policy.
The plaintiff seeks a declaration that the defendant is liable to pay the cost incurred by the plaintiff in restoring the
home (and certain other costs), general damages of $15,000 and costs against the defendant.
25/06/2018 JSC after 24/06/2019 Peter Woods/Lisa Taylor:- Anthony Harper,
Plainitffs
Caroline Laband/Richard Tosh: DLA Piper,
Defendant
NO
CIV-2018-409-000419 Trustees of the C and R Johns
Family Trust v IAG New Zealand
Limited
General
Proceeding
(Repairs)
Property at Glenstrae Road, Redcliffs. Damaged as a result of Canterbury earthquake sequence. Policy under IAG.
Plaintiffs purchased the property in November 2013 and deed of assignment signed in June 2018. Plaintiffs say
defendant has breached its policy obligations and is liable for the defective/incomplete works carried out. The plaintiffs
seek a declaration that the rights, interests and title to the claims have been validly assigned to the plaintiffs; a
declaration that the defendant is liable to pay the costs incurred by the plaintiffs in rebuilding/repairing the home; and
order for certain costs and temporary accommodation and general damages and costs against the defendant.
25/06/2018 TC after 13/01/2020 Peter Woods/Lisa Taylor:- Anthony Harper,
Plainitffs
Bradd Cuff/Himmy Lui:- DLA Piper,
Defendant
NO
CIV-2018-409-000414 Lisa Williams and Dion Paxie v
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Godley Quay, Lyttelton. Damaged as a result of Canterbury earthquake sequence. Policy under AMI. The
plaintiffs say the defendant is in breach of its obligations as it has failed to reinstate the property; that the defendant
has failed to process the claims within a reasonable period of time and has breached its duty of good faith to the
plaintiffs. The plaintiffs seek judgment for the cost to reinstate the house in accordance with the policy or a declaration
that the defendant is liable to pay the cost of reinstatement and $25,000 general damages (plus interest and costs).
22/06/2018 TC after 29/03/2020 Laura McLoughlin-Ware:- Duncan Cotterill,
Plaintiffs
Ben Walker, Canterbury Chambers
Emily Walton/Sophie Carter:-Wynn Williams,
Defendant
NO
CIV-2018-409-000413 Mood Indigo Limited and
Trustees of the Fitzroy Trust v
Earthquake Commission and
Vero Insurance New Zealand
Limited
General
Proceeding
Properties at Merivale Lane, Merivale. Damaged as a result of the Canterbury earthquake sequence. Policy under
Vero. The plaintiffs say the defendants have failed to repair the property in accordance with their statutory and policy
obligations and that the defendants have not resolved their respective contributions to the cost of the reinstatement
work. The plaintiffs seek a declaration that the defendants are liable to the plaintiffs for the unrepaired damage; that
the defendants must complete the reinstatement work to the statutory and policy standards and a declaration
apportioning the cost of repair for the unrepaired damage to each of the defendants (plus costs).
22/06/2018 TC after 13/03/2020 Stephen Rennie:- Rhodes and Co, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Sandy Percival:- McElroys, Second
Defendant
NO
CIV-2018-409-000409 Geoffrey Mark Shaw and
Katharine Anne Shaw v IAG
New Zealand Limited
General
Proceeding
Property at Wairakei Road, Bryndwr. Damaged in September 2010 and February and June 2011. Policy under IAG.
The plaintiffs say the property is totally destroyed and requires rebuilding and that the defendant is liable under the
policy to pay to the plaintiffs the cost of rebuilding the home (which is currently $1,903,349). The plaintiffs seek a
declaration that the house requires rebuilding, that the cost of rebuilding is $1,903,349, a declaration that the
defendant is liable to pay the temporary accommodation allowance, judgment for $1,000 for stress (with interest) and
costs. The plaintiffs also say the defendant has breached its contractual obligations and its duty of good faith owed to
the plaintiffs. The plaintiffs seek $50,000 general damages (with interest), judgment for $85,305.32 for consultants'
costs (with interest) and costs. Finally, the plaintiffs say the defendant is in breach of its policy obligations and seek a
declaration that the defendant must pay the cost of replacing the plaintiffs' carpets and drapes (plus costs).
22/06/2018 TC after 28/02/2020 Mark Henderson/Holly Brown: Corcoran
French, Plaintiffs
Chris Hlavac/Daniel Weatherley:- Young
Hunter, Defendant
NO
CIV-2018-409-000398 Timothy Eric Rankin and
Christine Elizabeth Rankin v IAG
New Zealand Limited
General
Proceeding
Property at Weston Road, Saint Albans. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiffs say the defendant has breached its contractual obligations as it has refused to indemnify the
plaintiffs as required under the policy. The plaintiffs seek judgment for professional fees, a declaration that the
defendant is liable for structural repairs and declarations as to the scope of repairs necessary to repair the damaged
part of the home plus interest and costs. The plaintiffs further seek $25,000 in damages.
15/06/2018 TC after 16/12/2019 Paul Cowey:- Parry Field Lawyers, Plaintiffs
Aaron Sherriff:- Duncan Cotterill, Defendant
NO
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-409-000395 Alexander and Kirsti Murahidy
and Trustees of the Krangata
Trust v IAG New Zealand
Limited
General
Proceeding
Property at Sandwich Road, Beckenham. Damaged as a result of Canterbury earthquake sequence. Policy under
IAG. The plaintiffs say the defendant has breached its policy terms by refusing to accept that the remedial works for
the earthquake damage as set out in the expert report is necessary to reinstate the property to the policy standard and
that the defendant has failed to indemnify the plaintiffs to the policy standard. The plaintiffs seek a declaration as to the
maximum amount the defendant is liable to pay to meet its policy obligations (plus interest and costs) against the
defendant.
21/06/2018 Tyler Brown:- Saunders Robinson Brown,
Plaintiffs
Chris Shannon and Stephanie Mann,
Duncan Cotterill, Defendant
YES TRANSFERRED TO CANTERBURY
EARTHQUAKE INSURANCE TRIBUNAL
04/09/2019
CIV-2018-409-000391 Alan Robert Pearson v IAG New
Zealand Limited
General
Proceeding
Property at Bridle Path, Lyttelton. Damaged as a result of the Canterbury earthquake sequence. Policy under IAG.
The plaintiff says the defendant has breached its policy as it has refused to pay the plaintiff the cost of remediating the
earthquake damage to the property (other than a cash settlement offer of $189,099.97 less EQC payments of
$116,089.65). The plaintiff seeks certain declarations including judgment for the cost to replace/reinstate the dwelling
less the EQC payments, not being a sum less than $1,000,000 or a declaration that the plaintiff is liable (plus interest
and costs). The plaintiff seeks damage for an alternative use of action, of judgment in the sum of $194,000 and
$25,000 for distress and anxiety plus interest and costs.
20/06/2018 TC after 01/02/2020 Michael McKay:- Malley & Co, plaintiff
Chris Shannon/Stephanie Mann:- Duncan
Cotterill, Defendant
NO
CIV-2018-409-000386 Maureen and Stephen O'Brien v
Earthquake Commission and
IAG New Zealand Limited
General
Proceeding
Property at Westminster Street, Saint Albans. Damaged as a result of the Canterbury earthquake sequence. Policy
under IAG. The plaintiffs say the first defendant is in breach of its obligations under the policy as it has failed to
indemnify the plaintiffs as required by the EQC Act. The plaintiffs seek an order that the first defendant pay damages
in the sum of $115,000 (per earthquake) an d$28,442.66 interest (plus costs). The plaintiffs say the failure by the
second defendant to agree to pay the cost when incurred to reinstate the house to the policy standard is a breach of
its policy obligations. The plaintiffs seek an order that the second defendant specifically perform its duties pursuant to
the policy by paying the costs when incurred to reinstate the house or a declaration that the second defendant must
pay the cost when incurred by the plaintiffs to repair the earthquake damage.
12/06/2018 TC after 03/01/2020 Claudia Leighs and Karl Robinson:- Shine
Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Sarah Henderson:- Duncan Cotterill, Second
Defendant
NO
CIV-2018-409-000385 Nicholas Cowdy and Philip
Redmond v Earthquake
Commission and IAG New
Zealand Limited
General
Proceeding
(Repairs)
Property at Matsons Avenue, Papanui. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiffs purchased the property in August 2011 and entered into a deed of assignment with the previous
owners whereby the vendors assigned the EQC claim entitlement to the plaintiffs. The vendors also assigned the IAG
claim entitlement to the plaintiffs through a deed of application of claim entitlement. The plaintiffs say the repair works
carried out by the first defendant's agent are not to the standard set out in the EQC Act. The plaintiffs further say
neither of the defendants have resolved their respective contributions to the cost of the further repairs. The plaintiffs
seek a declaration that the plaintiffs are entitled to the cost of the further repairs under the Act and are entitled to be
indemnified by the second defendant for the cost of further repairs. The plaintiffs further seek a declaration
determining the relative contributions of the defendants to the cost of the further repairs (plus interest and costs).
8/06/2018 TC after 28/02/2020 Stephen Rennie:- Rhodes and Co, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Chris Shannon and Stephanie Mann: -
Duncan Cotterill, Second Defendant
NO
CIV-2018-409-000384 Trustees of the 1091 Ferry
Road Family Trust v Lumley
General Insurance (N.Z.)
Limited
General
Proceeding
Property at Searidge Lane, Sumner. Damaged as a result of the Canterbury earthquake sequence. Policy under
Lumley. The plaintiffs say the defendant failed to indemnify the plaintiff in accordance with the policy and seeks the
sum of $2,001,994.85 (pus GST), a declaration that the plaintiffs are entitled to be paid the cost of demolition,
hardstands, retaining walls and landscaping in a sum to be determined by the Court; interest from 25 February 2013
at the rate of 5 per cent per annum and costs.
11/06/2018 JSC after 21/06/2019 Stephen Rennie/William Todd:- Rhodes and
Co, Plaintiffs
Andrea Challis:- McElroys, Defendant
NO
CIV-2018-409-000382 Neil Mason v Earthquake
Commission and Lumley
General Insurance (N.Z.)
Limited
General
Proceeding
Property at Rowses Road, Aranui. Damaged as a result of the Canterbury earthquake sequence. Policy under
Lumley. The plaintiff says the first defendant is in breach of its obligations as it has failed to indemnify the plaintiff as
required by the EQC Act. The plaintiff seeks an order that the first defendant pay damages in the sum of $115,000
(per earthquake) plus interest and costs. The plaintiff says the second defendant's failure to agree to pay the costs
when incurred to reinstate the house is a breach of its obligations under the policy. The plaintiff seeks an order that the
second defendant specifically perform its duties pursuant to the policy by paying the cost when incurred to reinstate
the house or alternatively, a declaration that the second defendant must pay the cost when incurred by the plaintiff to
reinstate the earthquake damage to the property.
8/06/2018 TC after 06/03/2020 Eoin Farrell/Karl Robinson: Shine Lawyers,
Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Catherine Jamieson, Young Hunter, Second
Defendant
NO
CIV-2018-409-000381 Brent McDonnell v Earthquake
Commission and IAG New
Zealand Limited
General
Proceeding
Property at Farnborough Street, Aranui. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiff says the first defendant is in breach of its obligations as it has failed to indemnify the plaintiff as
required by the EQC Act. The plaintiff seeks an order that the first defendant pay damages in the sum of $115,000
(per earthquake), $28,442.66 interest (plus costs and interest). The plaintiff says the second defendant's failure to
agree to pay the reinstatement costs when incurred to reinstate the house is a breach of its policy obligations. The
plaintiff seeks an order that the second defendant specifically perform its duties pursuant to the policy by paying the
costs when incurred to reinstate the house or a declaration that the second defendant must pay the costs when
incurred by the plaintiff to repair the earthquake damage (plus interest and costs).
6/06/2018 TC after 14/02/2020 Eoin Farrell/Karl Robinson: Shine Lawyers,
Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Hamish Evans:- Young Hunter, Second
Defendant
NO
CIV-2018-409-000379 Neville and Pauline Reilly v IAG
New Zealand Limited and
Earthquake Commission
General
Proceeding
Property at Rochdale Street, Fendalton. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiffs say the failure by the defendant to agree to pay the cost when incurred to reinstate the house is a
breach of its obligations under the policy. The plaintiffs seek an order that the defendant specifically perform its duties
under the policy by paying the cost when incurred to reinstate the house or alternatively, a declaration that the
defendant must pay the cost when incurred to reinstate the earthquake damage (plus costs and interest).
6/06/2018 TC after 27/12/2019 Tiffany Sauni and Karl Robinson:- Shine
Lawyers, Plaintiff
Catherine Jamieson/Megan Gall:- Young
Hunter, First Defendant
Nathaniel Walker, Russell McVeagh, Second
Defendant
NO
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-409-000377 Alister McLaughlin v IAG New
Zealand Limited
General
Proceeding
Property at Glandovey Road, Fendalton. Damaged as a result of Canterbury earthquake sequence. Policy under IAG.
The plaintiff says the defendant is in breach of its policy obligations as it has refused to pay the costs of repairing the
home to the policy standard required. The plaintiff seeks an order that the defendant specifically perform its obligation
under the policy by paying the cost to repair the home to the policy standard or alternatively, damages of
$2,977,822.24 being the cost to repair the home to the policy standard and costs.
1/06/2018 Madeleine Henderson:- Tavendale Partners,
Solicitor for Plaintiff
Glenn Jones, Bridgeside Chambers, Counsel
for Plaintiff:
Catherine Jamieson:- Young Hunter,
Defendant
YES DISCONTINUED 28/06/2019
CIV-2018-409-000376 David Kennewell v Earthquake
Commission and IAG New
Zealand Limited
General
Proceeding
Property at Edmond Street, Woolston. Damaged as a result of the 4 September 2010 and 22 February 2011
Canterbury earthquakes. Policy under IAG. The plaintiff says that the first defendant is in breach of its obligations as it
has failed to indemnify the plaintiff as required by the EQC Act. The plaintiff seeks an order that the first defendant
pays damages in the sum of $115,000 (per earthquake) (plus costs and interest) against the first defendant. The
plaintiff says the second defendant's failure to agree to reinstate the property to the standard required by the policy is a
breach of its policy obligations. The plaintiff seeks an order for specific performance or a declaration that the second
defendant must pay the cost of repairing the house when incurred (plus interest and costs).
1/06/2018 TC after 20/12/2019 Angela Parlane and Karl Robinson: - Shine
Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Catherine Jamieson, Young Hunter, Second
Defendant
NO
CIV-2018-409-000374 Wendy Dawn Lee v Earthquake
Commission and IAG New
Zealand Limited
General
Proceeding
Property at Alport Place, Woolston. Damaged as a result of the 4 September 2010 and 22 February 2011 Canterbury
earthquakes. Policy under IAG. The plaintiff says that the first defendant is in breach of its obligations as it has failed to
indemnify the plaintiff as required by the EQC Act. The plaintiff seeks an order that the first defendant pays damages
in the sum of $115,000 (per earthquake) and $28,442.66 interest (plus costs) against the first defendant. The plaintiff
says the second defendant's failure to agree to reinstate the property to the standard required by the policy is a breach
of its policy obligations. The plaintiff seeks an order for specific performance or a declaration that the second
defendant must pay the cost of repairing the house when incurred (plus interest and costs).
1/06/2018 TC after 31/01/2020 Karl Robinson:- Shine Lawyers, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Paul Smith, Duncan Cotterill. Second
Defendant
NO
CIV-2018-409-000373 Dmitri Vassiliev and Irina
Vassilieva v Earthquake
Commission and Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Straven Road, Fendalton. Damaged as a result of the 4 September 2010 and 22 February 2011
Canterbury earthquakes. Policy under Southern Response. Plaintiffs purchased property in December 2014 and
entered into a deed of assignment for EQC and insurance claims with the previous owners. The plaintiffs say the first
defendant is in breach of its obligations as it has failed to indemnify the plaintiffs as required by the EQC Act. The
plaintiffs seek an order for damages in the sum of $115,000 per earthquake and $28,535.68 of interest (plus costs)
against the first defendant. The plaintiffs say the second defendant's failure to agree to pay the cost when incurred to
reinstate the house is a breach of its policy obligations. The plaintiffs seek an order for specific performance or a
declaration that the second defendant must pay the cost when incurred by the plaintiffs to repair the earthquake
damage (plus interest and costs).
1/06/2018 TC after 20/03/2020 Tandy Gwaze-Musesengwa and Karl
Robinson: Shine Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Graeme Dill-Russell:- Buddle Findlay,
Second Defendant
NO
CIV-2018-409-000372 Leah Ann McHaffie v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Searells Road, Strowan. Damaged as a result of the 4 September 2010 and 22 February 2011
Canterbury earthquakes. Policy under Southern Response. Plaintiff purchased property in June 2010. The plaintiff
says the failure by the defendant to agree to pay the cost when incurred to reinstate the house to the requisite
standard is a breach of its policy obligations. The plaintiff seeks an order for specific performance or a declaration that
the defendant must pay the cost when incurred by the plaintiff to rebuild or repair the earthquake damage (plus costs
and interest)
1/06/2018 Tandy Gwaze-Musesengwa and Karl
Robinson: Shine Lawyers, Plaintiff
Graeme Dill-Russell and Susan Rowe:-
Buddle Findlay, Defendant
YES DISCONTINUED 28/03/2019
CIV-2018-409-000371 Kathryn McCleary and Phillipa
Maclean v Earthquake
Commission and IAG New
Zealand Limited
General
Proceeding
Property at Mays Road, Saint Albans. Damaged as a result of the 4 September 2010 and 22 February 2011
Canterbury earthquakes. Policy under IAG. The plaintiffs say the first defendant is in breach of its obligations as it has
failed to indemnify the plaintiffs as required by the EQC Act. The plaintiff seeks an order for damages in the sum of
$115,000 per earthquake and $28,442,66 of interest (plus costs) against the first defendant. The plaintiffs say the
second defendant's failure to agree to pay the cost when incurred to reinstate the house is a breach of its policy
obligations. The plaintiffs seek an order for specific performance or a declaration that the second defendant must pay
the cost when incurred by the plaintiffs to repair the earthquake damage (plus interest and costs).
31/05/2018 TC after 13/03/2020 Claudia Leighs and Karl Robinson:- Shine
Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Catherine Jamieson:- Young Hunter, Second
Defendant
NO
CIV-2018-409-000369 Graham White v Earthquake
Commission and Tower
Insurance
General
Proceeding
Property at Bassett Street, Burwood. Damaged as a result of the 4 September 2010 and 22 February 2011
Canterbury earthquakes. Policy under Tower. The plaintiff says the first defendant is in breach of its obligations under
the EQC Act. The plaintiff seeks an order that the first defendant pay damages in the sum of $115,000 per
earthquake (less any amounts paid to date) and interest of $28,495.81 (plus costs) against the first defendant. The
plaintiff says the failure by the second defendant to agree to pay the cost when incurred to reinstate the house to the
requisite standard is a breach of its policy obligations. The plaintiff seeks an order for specific performance or a
declaration that the second defendant must pay the cost when incurred by the plaintiff to repair the earthquake
damage (plus costs and interest).
31/05/2018 TC after 31/01/2020 Eoin Farrell/Karl Robinson: Shine Lawyers,
Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Martin Smith/Alexander Ho:- Gilbert Walker,
Second Defendant
NO
CIV-2018-409-000368 Alan Guest v Earthquake
Commission and Tower
Insurance Limited
General
Proceeding
Property at Parnwell Street, Burwood. Damaged as a result of the 4 September 2010 and 22 February 2011
Canterbury earthquakes. Policy under Tower. The plaintiff says the first defendant is in breach of its statutory
obligations as it has failed to indemnify the plaintiff as required by the EQC Act. The plaintiff seeks an order that the
first defendant pay damages in the sum of $115,000 per earthquake event (less any payments already made),
$25,000 general damages and interest of $28,495.81 (plus costs) against the first defendant. The plaintiffs say the
failure by the second defendant to agree to pay costs when incurred to reinstate the house to the requisite standard is
a breach of its policy obligations. The plaintiff seeks an order for a specific performance or a declaration that the
second defendant must pay the repair costs when incurred (plus interest and costs) against the second defendant.
31/05/2018 TC after 13/12/2019 Eoin Farrell/Karl Robinson: Shine Lawyers,
Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Martin Smith/Lucy McGillivray:- Gilbert
Walker, Second Defendant
NO
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-409-000367 Margaret Cowper v Earthquake
Commission (Discontinued) and
IAG New Zealand Limited
General
Proceeding
Property at Moore Street, Kaiapoi. Damaged as a result of the 4 September 2010 and 22 February 2011 Canterbury
earthquakes. Policy under IAG. The plaintiff says the first defendant has breached its obligations by failing to indemnify
the plaintiff as required by the EQC Act. The plaintiff seeks an order that the first defendant pay damages in the sum
of $115,000 (per earthquake) and $28,469.23 interest (plus costs) against the first defendant. The plaintiff says the
failure by the second defendant to agree to pay the costs when incurred to reinstate the house to the requisite
standard is a breach of its policy obligations. The plaintiff seeks an order for specific performance or a declaration that
the second defendant must pay the repair costs when incurred by the plaintiff (plus costs and interest) against the
second defendant.
31/05/2018 TC after 31/01/2020 Ben Russell: Lane Neave, Plaintiff
Christine Meechan QC, Defendant
Nat Walker, Russell McVeagh, Second
Defendant
NO
CIV-2018-409-000366 Ronald and Lorraine Shaskey v
IAG New Zealand Limited and
Skytec Engineering
General
Proceeding
Property at St Andrews Hill Road, Mount Pleasant. Damaged as a result of the 4 September 2010 and 22 February
2011 Canterbury earthquakes. Policy under IAG. The plaintiffs say the failure by the defendant to reinstate the house
to the requisite standard is a breach of its obligations under the policy. The plaintiffs seek an order for specific
performance or a declaration that the defendant must pay the cost when incurred by the plaintiffs to reinstate the
earthquake damage to the house.
31/05/2018 TC after 06/03/2020 Karl Robinson and Tiffany Sauni:- Shine
Lawyers, Plaintiffs
Brad Cuff/Charles Henley: DLA Piper,
Defendant
Benjamin Sanders, Darroch Forrest, Third
Party
NO
CIV-2018-409-000365 Eileen Margaret Lawrence v
Earthquake Commission and
IAG New Zealand Limited
General
Proceeding
Property at Tilford Street, Woolston. Damaged as a result of the 4 September 2010 and 22 February 2011
Canterbury earthquakes. Policy under IAG. The plaintiff says that the first defendant is in breach of its obligations as it
has failed to indemnify the plaintiff as required by the EQC Act. The plaintiff seeks an order that the first defendant
pays damages in the sum of $115,000 (per earthquake) and $28,296.59 interest (plus costs) against the first
defendant. The plaintiff says the second defendant's failure to agree to reinstate the property to the standard required
by the policy is a breach of its policy obligations. The plaintiff seeks an order for specific performance or a declaration
that the second defendant must pay the cost of repairing the house when incurred (plus interest and costs).
31/05/2018 TC after 08/01/2020 Karl Robinson and Tandy Gwaze-
Musesengwa:- Shine Lawyers, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Catherine Jamieson/Megan Gall:- Young
Hunter, Second Defendant
NO
CIV-2018-409-000364 Andrew William Stewart Kyle
and Kerryn Ann Schroeder v
Vero Insurance Limited
General
Proceeding
Property at 320 Buchanans Road, Yaldhurst. Damaged as a result of the Canterbury earthquake sequence. Policy
under Vero. The plaintiffs say the defendant has breached its policy obligations by not agreeing to pay the
reinstatement costs arising from the plaintiffs' methodology. The plaintiffs seek a declaration that the defendant is
required to pay the reinstatement costs arising from the plaintiffs' proposed methodology as incurred (plus costs) or
alternatively judgment for the same. The plaintiffs further say the defendant has breached its duty of good faith and
seek a declaration to that effect and $30,000 general damages (plus costs) against the defendant.
31/05/2018 TC after 24/02/2020 James Puller/Amy Kennerley:- Taylor Shaw,
plaintiffs
Cecily Brick:- Fee Langstone, Defendant
NO
CIV-2018-409-000363 Rose St Clair Limited v AA
Insurance Limited
General
Proceeding
Property at Hills Road, Mairehau. Damaged as a result of the Canterbury earthquake sequence. Policy under AA. The
plaintiff says the defendant has breached its policy obligations by accpeting the claim yet failing/refusing to settle it in
full. The plaintiff claims judgment for the cost to reinstate the house (including professional fees and demolition less
payments made by EQC) or a declaration that the defendant is liable to pay to the plaintiff the full replacement cost of
repairing or rebuilding the home to an "as new" condition (including professional fees and demolition less payments
made by EQC) and judgment for $20,000 for loss of rent (plus interest and costs).
30/05/2018 Grant Smith: - Canterbury Legal, Solicitor for
Plaintiff
Jared Higby: - St Asaph Chambers, Counsel
for Plaintiff
Anna Barnett, Hesketh Henry, Defendant
YES DISCONTINUED 08/10/2019
CIV-2018-409-000361 Brendan Miles Ross and
Colleen Anne Ross v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Hulverstone Drive, Avondale. Plaintiffs sue in their capacity as trustees of Trusts that owns property and as
representatives of a class of persons (Class members) having the same interest in this proceeding in that each of
them owned property insured with the defendant that was damaged as a result of the Canterbury earthquake
sequence. Each class member received an abridged DRA that was not a full cost estimate to rebuild or repair the
class member's dwelling and entered into a settlement agreement with the defendant based on that abridged DRA.
The plaintiffs claim, on their own behalf, damages of $141,061 and general damages in the sum of $50,000 (plus
interest and costs) against the defendant. The plaintiffs claim, on behalf of each class member, a declaration that the
defendant has breached s9 of the Fair Trading Act; damages against the defendant in an amount to be quantified
(being the difference between the settlement sum and and the full estimate); $25,000 general damages per each
class member (plus interest and costs). The plaintiffs also seek, on their own behalf and on the behalf of each claim
member, damages under s35 of the Contract and Commercial Law Act and compensation under this Act.
28/05/2018 Fixture, 2 days on
16/03/2020
Grant Cameron: GCA Lawyers, Solicitor for
plaintiffs
Philip Skelton QC/Kelly Quinn:- Bankside
Chambers, Counsel for plaintiffs
Tom Weston QC, Barrister, Defendant
Willie Palmer, Buddle Finaly, Defendant
NO Ready List Entry Date: 30/05/2018
COURT OF APPEAL MILESTONES:
CA150/19
Filed 10/4/19
CIV-2018-409-000351 Jan Anne Ruardy and Jan Vera
Ruardy v IAG New Zealand
Limited and Concept Building
Limited (in Liquidation) and QBE
Insurance (Australia) Limited
General
Proceeding
(Repairs)
Property at Leaver Terrace, North New Brighton. Damaged as a result of the Canterbury earthquake sequence. Policy
under IAG. The plaintiffs say the first defendant is in breach of its policy obligations as it has accepted the plaintiffs'
claim but it has failed to arrange and pay for the proper repair or replacement of the house. The plaintiffs seeks
judgment for the sum required to repair the house to an "as new" condition, a declaration that the first defendant must
perform its obligations under the policy and repair the home to an acceptable standard, $10,000 general damages
(plus interest and costs) against the first defendant. The plaintiffs say the second defendant breached its repair
contract with the plaintiff by completing the works to a poor standard of workmanship and by failing to alert the
plaintiffs to further damage to the house. The plaintifs seek judgment for an amount to be determined to repair the
damage attributed to the poor workmanship and $10,000 general damages (plus costs) against the second
defendant.
18/05/2018 JSC after 25/10/2019 David Ballantyne:- Canterbury Legal, Plaintiff
Paul Smith/George Lello:- Duncan Cotterill,
Second Defendant
Hans van Schreven, Clark Boyce Lawyers,
Second Defendant
Scott Galloway, Hazelton Law, Third Party
NO
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-409-000349 Toni Joanne Brooker v IAG New
Zealand Limited and Hah
Limited (in liquidation)
(previously Holloway Builders
Limited) and QBE Insurance
(Australia) Limtied
General
Proceeding
(Repairs)
Property at Wainoni Road, Wainoni. Damaged as a result of the Canterbury earthquake sequence. Policy under IAG.
The plaintiff says the first defendant is in breach of its policy obligations as it had been notified that the second
defendant's repairs had not been completed in accordance with the policy but has rejected any liability. The plaintiff
seeks judgment for the sum required to repair the house to an as new condition, a declaration that the first defendant
must perform its obligations under the policy and repair the home to an acceptable standard, $10,000 general
damages (plus interest and costs) against the first defendant. The plaintiff says the second defendant breached its
repair contract with the plaintiff by not completing the repair works according to the policy standard. The plaintiff seeks
judgment for an amount to be determined to repair the damage attributed to the poor workmanship and $10,000
general damages (plus costs) against the second defendant.
16/05/2018 JSC after 06/12/2019 Holly Weston:- Canterbury Legal, Plaintiff
P Smith/S Harris: Duncan Cotterill, First
Defendant
Hans can Schreven, Clark Boyce, Second
Defendant
Scott Galloway, Hazelton Law, Third Party
NO Ready List Entry Date: 04/02/2019
CIV-2018-409-000345 David Theodorus Wojtas and
Ors v Earthquake Commission
and IAG New Zealand Limited
General
Proceeding
Property at Dinglebay Place, Casebrook. Damaged as a result of Canterbury earthquake sequence. Policy under IAG.
The plaintiffs say the first defendant is in breach of its statutory obligations as it has failed to pay an amount to the
plaintiffs that satisfies its statutory obligations, amongst other breaches. The plaintiffs seek a declaration as to the
scope of work and cost to repair the earthquake damage; a declaration that the cost to remediate the damage will
exceed the EQC cap amongst other declarations. The plaintiffs also seek judgment for $113,000 per earthquake
event (plus interest and costs) against the first defendant. The plaintiffs say the second defendant considers the claim
is under the EQC cap and has not made any payment (other than out of scope payments) to the plaintiffs. The
plaintiffs seek certain declarations against the second defendant regarding its liability and the limitation defence and
judgment for the cost to replace or reinstate the dwelling (plus costs and interest).
23/05/2018 TC after 31/01/2020 Gregory Hair: - Malley and Co Lawyers,
Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Bridget Read:- Young Hunter, Second
Defendant
NO
CIV-2018-409-000343 Mobile Homes (1989) Limited v
Earthquake Commission and
IAG New Zealand Limited
General
Proceeding
Property at Locksley Avenue, Dallington. Damaged as a result of Canterbury earthquake sequence. Policy under IAG.
The plaintiff says that the first defendant is in breach of its obligations as it has failed to indemnify the plaintiff as
required by the EQC Act. The plaintiff seeks an order that the first defendant pays damages in the sum of $115,000
(per unit and per earthquake) and consequential losses (plus costs and interest) against the first defendant. The
plaintiff says the second defendant's failure to agree to repair the property to the standard required by the policy is a
breach of its policy obligations. The plaintiff seeks an order for specific performance, damages in the sum of
$1,397,250.56, consequential losses (plus interest and costs) against the second defendant.
21/05/2018 TC after 01/02/2020 Angela Parlane and Karl Robinson: - Shine
Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Bridget Read:- Young Hunter, Second
Defendant
NO
CIV-2018-409-000342 Mobile Homes (1989) Limited v
Earthquake Commission and
IAG New Zealand Limited
General
Proceeding
Property at Locksley Avenue, Dallington. Damaged as a result of Canterbury earthquake sequence. Policy under IAG.
The plaintiff says that the first defendant is in breach of its obligations as it has failed to indemnify the plaintiff as
required by the EQC Act. The plaintiff seeks an order that the first defendant pays damages in the sum of $115,000
(per earthquake) (plus costs and interest) against the first defendant. The plaintiff says the second defendant's failure
to agree to repair the property to the standard required by the policy is a breach of its policy obligations. The plaintiff
seeks an order for specific performance, damages in the sum of $1,105,269.39, consequential losses (plus interest
and costs) against the second defendant.
21/05/2018 CONSOLIDATED with
CIV-2018-409-343
Angela Parlane and Karl Robinson: - Shine
Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Bridget Read:- Young Hunter, Second
Defendant
NO
CIV-2018-409-000341 Gerald Rex Oliver and Pauline
Kay Oliver v IAG New Zealand
Limited and Holloway Builders
Limited
General
Proceeding
(Repairs)
Property at Bealey Avenue, Christchurch. Damaged as a result of 4 September 2010 and 22 February 2011
Canterbury earthquakes. Policy under IAG. The plaintiffs say the failure by the first defendant to ensure the repairs to
the house were carried out to the policy standard is a breach of the first defendant's obligations under the policy. The
plaintiffs seek an order for specific performance for payment of the cost to remediate the defective repairs or damages
in the amount of cost to repair the house (currently $487,414) (plus costs and interest) against the first defendant. The
plaintiffs say the second defendant breached its duty of care to the plaintiffs by failing to carry out the repairs to a good
standard of workmanship and repair the earthquake damage properly. The plaintiffs seek damages in the amount of
cost to repair the hose (currently $487,414) (plus costs and interest) against the second defendant.
22/05/2018 TC after 08/05/2020 Angela Parlane and Karl Robinson: - Shine
Lawyers, Plaintiffs
Peter Leman/Shane Swinerd:- DLA Piper,
First Defendant
Robin Kay:- White Fox and Jones, Second
Defendant
NO
CIV-2018-409-000340 Tracey Mason v Lumley General
Insurance (N.Z.) Limited
General
Proceeding
Property at Burwood Road, Burwood. Damaged as a result of the 4 September 2010 and 22 February 2011
Canterbury earthquakes. Policy under Lumley. The plaintiff says the failure by the defendant to agree to pay the cost
when incurred to reinstate the house is a breach of its obligations under the policy. The plaintiff seeks an order that the
defendant specifically perform its duties under the policy by paying the cost when incurred to reinstate the house or a
declaration that the defendant must pay the cost when incurred to reinstate the house (plus interest and costs).
22/05/2018 Karl Robinson and Claudia Leighs: - Shine
Lawyers, Plaintiff
Catherine Jamieson/Daniel Weatherley:-
Young Hunter, Defendant
YES DISCONTINUED 30/08/2019
CIV-2018-409-000339 Trustees of the G N McVicar
No. 1 Trust v Earthquake
Commission and IAG New
Zealand Limited
General
Proceeding
Property at Avonhead Road, Avonhead. Damaged as a result of Canterbury earthquake sequence. Policy under IAG.
The plaintiffs say the first defendant has breached its obligations as it has failed to identify/carry out the replacement or
reinstatement of the earthquake damage to the plaintiffs' home. The plaintiffs seek a declaration that the plaintiffs are
entitled to be paid by the first defendant costs required to replace/reinstate their damaged home (up to $100,000 plus
GST) (or damages, plus costs and interest). The plaintiffs say the second defendant is in breach of its policy
obligations and seek a declaration that the plaintiffs are entitled to be paid the difference between the EQC payment
amount and the maximum entitlement under the policy by the second defendant (in addition to other declarations)
(plus interest and costs).
17/05/2018 Consolidated with CIV-
2018-409-625
Brian Burke:- Harmans Lawyers, plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Ian Hunt/Bridget Read:- Young Hunter,
Second Defendant
NO
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-409-000337 Charles and Denise Dalrymple v
Tower Insurance Limited
General
Proceeding
Property at Wades Avenue, St Martins. Damaged as a result of the 4 September 2010 and 22 February 2011
Canterbury earthquakes. Policy under Tower. The plaintiffs say the failure by the defendant to agree to pay costs
when incurred to reinstate the house is a breach of its obligations under the policy. The plaintiffs seek an order for
specific performance against the defendant or a declaration that the defendant must pay the costs to repair the
earthquake damage when incurred by the plaintiffs (plus costs and interest).
22/05/2018 Karl Robinson and Claudia Leighs: - Shine
Lawyers, Plaintiffs
Martin Smith:- Gilbert Walker, Defendant
YES DISCONTINUED 24/10/2019
Ready List Entry Date: 08/02/2019
CIV-2018-409-000336 Valerie Stanley v Lumley
General Insurance (N.Z.)
Limited
General
Proceeding
Property at Queenspark Drive, Parklands. Damaged as a result of the 4 September 2010 and 22 February 2011
Canterbury earthquakes. Policy under Lumley. The plaintiff says the defendant has breached its policy obligations by
failing to agree to pay the cost when incurred to reinstate the house to the policy standard. The plaintiff seeks an order
for specific performance of the defendant's duties pursuant to the policy or a declaration that the defendant must pay
the cost when incurred to reinstate the earthquake damage (plus interest and costs).
22/05/2018 Karl Robinson and Claudia Leighs: - Shine
Lawyers, Plaintiffs
[Awaiting statement of defence]
yes
CIV-2018-409-000331 Trustees of the Dickson Gray
Family Trust v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Hardwicke Street, Sumner. Damaged as a result of the Canterbury earthquake sequence. Policy under
AMI/Southern Response. The plaintiffs say the failure by the defendant to agree to pay the cost when incurred to
reinstate the house is a breach of its policy obligations. The plaintiffs seek an order that the defendant specifically
perform its duties pursuant to the policy by paying the cost to repair the house or alternatively, a declaration that the
defendant must pay the cost when incurred by the plaintiffs to repair the house (plus costs and interest).
17/05/2018 TC after 20/03/2020 Peter Woods and Timothy Grimwood,
Anthony Harper, Plaintiffs
Shaun Brookes:- Buddle Findlay, Defendant
NO
CIV-2018-409-000330 Carla Bourne and Brendan Kirk
v Earthquake Commission and
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Lukes Street, Woolston. Damaged as a result of the Canterbury earthquake sequence. Policy under
AMI/Southern Response. The plaintiffs say the first defendant is in breach of its obligations as it has failed to indemnify
the plaintiffs as required under the EQC Act. The plaintiffs seek an order that the first defendant pay damages in the
sum of $115,000 (per earthquake) and $28,232.32 interest (plus costs) against the first defendant. The plaintiffs say
the second defendant's failure to agree to pay the cost when incurred to reinstate the house is a breach of its policy
obligations. The plaintiffs seek an order for specific performance or a declaration that the second defendant must pay
the cost when incurred by the plaintiffs to repair the earthquake damage (plus costs and interest).
17/05/2018 TC after 07/02/2020 Claudia Leighs and Karl Robinson:- Shine
Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Graeme Dill-Russell:- Buddle Findlay,
Second Defendant
NO
CIV-2018-409-000329 Catherine Jones and Kevin
Coghlan v Earthquake
Commission and Lumley
General Insurance (N.Z.)
Limited
General
Proceeding
Property at Garlands Road, Woolston. Damaged as a result of the Canterbury earthquake sequence. Policy under
Lumley. The plaintiffs say the first defendant is in breach of its policy obligations as it has failed to indemnify the
plaintiffs as required by the EQC standard. The plaintiffs seek an order that the first defendant pay damages in the
sum of $115,000 (per earthquake), $25,000 general damages (per plaintiff), $28,163.84 interest (plus costs). The
plaintiffs say the second defendant's failure to agree to reinstate the property to the standard required by the policy is a
breach of its obligations under the policy. The plaintiffs seek an order for specific performance or a declaration that the
second defendant must pay the cost of repairing the house (plus costs and interest).
17/05/2018 TC after 21/06/2020 Self-represented, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Catherine Jamieson/Megan Gall:- Young
Hunter, Second Defendant
NO
CIV-2018-409-000328 Philip David Bunnage v
Earthquake Commission and
IAG New Zealand Limited
General
Proceeding
Property at Edgeware Road, Edgeware. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiff says the first defendant's repair strategy does not remediate the damage to the property in a way that
is compliant with the EQC Act. The plaintiff seeks judgment for $115,000 (plus costs and interest) against the first
defendant. The plaintiff seeks a declaration that the second defendant is liable to pay to the plaintiff full reinstatement
costs above the liability of the first defendant (plus interest and costs).
15/05/2018 TC after 31/01/2020 Stephen Rhodes, Rhodes and Co:- Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Bridget Read: Young Hunter, Second
Defendant
NO
CIV-2018-409-000327 Trustees of the Paul and Dianne
Chaney Family Trust v IAG New
Zealand Limited
General
Proceeding
Property at Weka Street, Fendalton. Damaged as a result of the Canterbury earthquake sequence. Policy under IAG.
The plaintiffs say in breach of the policy, the defendant has failed to complete and pay for the cost of reinstatement
work. The plaintiffs seek a declaration that the defendant is liable to pay the plaintiffs for the reinstatement work (and
other declarations) (plus costs and interest) against the defendant.
15/05/2018 TC after 08/05/2020 Stephen Rennie:- Rhodes and Co, Plaintiffs
Catherine Jamieson, Young Hunter,
Defendant
NO
CIV-2018-409-000326 Daine and Trudie Garrett v
Earthquake Commission and
IAG New Zealand Limited
General
Proceeding
(Repairs)
Property at Quebec Place, Wainoni. Damaged in September 2010 and February 2011. Policy under IAG. The
plaintiffs say the first defendant is in breach of its obligations under the EQC Act as it has failed/refused to make the
full physical payment to the plaintiffs. The plaintiffs seek judgment for $128,999.26, general damages of $50,000 and
interest of $31,815.67 (plus costs) against the first defendant. The plaintiffs say the second defendant has breached
its obligations under the policy by paying the plaintiffs nothing to settle the balance of the claims. The plaintiffs seek
judgment for reinstatement costs of $349,650.74 and $50,000 general damages (plus interest and costs) against the
second defendant, or a declaration for the same.
15/05/2018 TC after 13/12/2019 Grant Shand:- Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Rick Hargreaves: - Duncan Cotterill, Second
Defendant
NO
CIV-2018-409-000325 Riki Fahey and Sarah Gray v
Earthquake Commission and
Lumley General Insurance
(N.Z.) Limited
General
Proceeding
(Repairs)
Property at McLean Street, Linwood. Damaged as a result of Canterbury earthquake sequence. Policy under Lumley.
The plaintiffs say the first defendant is in breach of its obligations under the EQC Act as it has failed/refused to make
the full physical payment to the plaintiffs. The plaintiffs seek judgment for $137,614.09, $50,000 general damages,
$33,940.38 interest (and costs) against the first defendant. The plaintiffs say the second defendant has breached its
obligations under the policy by paying the plaintiffs nothing to settle the balance of the claim. The plaintiffs seek
judgement for reinstatement costs of $310,995.87 and $50,000 general damages (plus interest and costs) against the
second defendant.
15/05/2018 TC after 25/01/2020 Grant Shand/Jeremy Morriss:- Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Caroline Laband/Richard Tosh:- DLA Piper,
Second Defendant
NO
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-409-000324 Peter Weeks and Christine
Bennett v Earthquake
Commission and Tower
Insurance Limited
General
Proceeding
Property at Briggs Road, Shirley. Damaged as a result of Canterbury earthquake sequence. Policy under Tower. The
plaintiffs say the first defendant has breached its obligations under the EQC Act as it has failed/refused to make the full
physical payment to the plaintiffs. The plaintiffs seek judgment for $113,850, $50,000 general damages and interest of
$28,079.34 (plus costs) against the first defendant. The plaintiffs say the second defendant has breached its policy
obligations by paying the plaintiffs nothing to settle the claims. The plaintiffs seek judgment for reinstatement costs of
$285,000 and $50,000 general damages (plus costs and interest) against the second defendant.
15/05/2018 Grant Shand/Jeremy Morriss- Plainitffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Matthew Harris:- Gilbert Walker, Second
Defendant
YES DISCONTINUED 12/06/2019
CIV-2018-409-000323 Michael and Sheridan Searle v
IAG New Zealand Limited
General
Proceeding
Property at Opawa Road, Hillsborough. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiffs say the failure by the second defendant to agree to pay the cost when incurred to reinstate the
house to the policy standard is a breach of its policy obligations. The plaintiffs seek an order that the defendant
specifically perform its duties under the policy or a declaration that the defendant must pay the costs when incurred by
the plaintiffs to reinstate the earthquake damage to the house (plus interest)
14/05/2018 TC after 21/02/2020 Tiffany Sauni and Karl Robinson:-Shine
Lawyers, Plaintiff
Catherine Jamieson/Megan Gall:- Young
Hunter, Defendant
Nathaniel Walker, Russell McVeagh, Second
Defendant]
NO
CIV-2018-409-000320 Graeme John Moore v IAG New
Zealand Limited
General
Proceeding
Property at Searidge Lane, Sumner. Damaged in 22 February 2011. Policy under IAG. The plaintiff says the
defendant has breached its obligation as it has failed to pay and is denying liability. The plaintiff seeks judgment in the
sum of $1,747,986 (plus interest), certain reimbursement costs and costs against the defendant.
11/05/2018 TC after 09/02/2020 Paul Cowey/Alex Summerlee:- Parry Field
Lawyers, Plaintiff
Peter Leman/Hannah Stanford:- DLA Piper,
Defendant
NO Ready List Entry Date: 11/12/2018
CIV-2018-409-000307 Robert Snow, Daphne Snow
and Independent Trustees
(Canterbury) Limited v
Earthquake Commission and
IAG New Zealand Limited
General
Proceeding
(Repairs)
Property at Thurso Place, New Brighton. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiffs say the first defendant has breached its statutory obligations as it has failed/refused to make the full
physical payment to the plaintiffs. The plaintiffs seek judgement for $113,850 and $50,000 general damages (plus
interest and costs) against the first defendant. The plaintiffs say the second defendant has breached its obligations
under the policy as it has paid the plaintiffs nothing to settle the balance of the claims. The plaintiffs seek judgment for
reinstatement costs of $285,000 and $50,000 general damages (plus interest and costs) against the second
defendant.
10/05/2018 Grant Shand:- Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Aaron Sheriff, Duncan Cotterill, Second
Defendant
YES DISCONTINUED 14/08/2019
CIV-2018-409-000304 Jeffrey Scott Cummings, Nicole
Rochelle Cummings and Wilma
Ellen Lynch v Earthquake
Commission and Tower
Insurance Limited
General
Proceeding
(Repairs)
Property at Mersey Street, St Albans. Damaged in Canterbury earthquake sequence. Policy under Tower. The
plaintiffs say the repairs undertaken on behalf of the first defendant do not remediate the house to the standard
required by the EQC Act and that the first defendant has failed/refused to make the full physical payment. The
plaintiffs seek $113,850 and $50,000 general damages plus $28,000.49 interest (and costs) against the first
defendant. The plaintiffs say the second defendant has breached its policy obligations by paying the plaintiffs nothing
to settle the claim. The plaintiffs seek reinstatement costs of $585,000 and $50,000 general damages (plus interest
and costs) against the second defendant.
10/05/2018 Grant Shand:-Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Alexander Ho:- Gilbert Walker: Second
Defendant
YES DISCONTINUED 11/11/2019
CIV-2018-409-000292 David and Helen Macfadgen v
Earthquake Commission and
Southern Response Earthquake
Services Limited
General
Proceeding
(Repairs)
Property at Lenton Street, Aranui. Damaged in 4 September 2010 and 22 February 2011 Canterbury earthquakes.
Policy under AMI. The plaintiffs say the repairs undertaken on behalf of the first defendant do not remediate the house
to the standard required by the EQC Act and that the first defendant has failed/refused to make the full physical
payment. The plaintiffs seek $158,650 and $50,000 general damages plus $38,331.81 interest (and costs) against
the first defendant. The plaintiffs say the second defendant has breached its policy obligations by paying the plaintiffs
nothing to settle the claim. The plaintiffs seek reinstatement costs of $441,440 and $50,000 general damages (plus
interest and costs) against the second defendant.
1/05/2018 Grant Shand:-Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Morgan Powell and Becky Morris:- Bell Gully,
Second Defendant
YES DISCONTINUED 26/06/2019
CIV-2018-409-000290 Hylton Patrick Sweeney and
Rosemary Kathleen Raymond v
Earthquake Commission
(Discontinued) and Lumley
General Insurance (NZ) Limited
General
Proceeding
Property at Hoon Hay Road, Hoon Hay. Damaged as a result of 4 September 2010 and 22 February 2011
Canterbury earthquakes. Policy under Lumley. The plaintiffs say the first defendant has breached its statutory
obligations by failing/refusing to make the full physical payment to the plaintiffs. The plaintiffs seek judgment for
$113,850 reinstatement costs, $50,000 general damages and $27,882.20 interest (plus costs) from the first
defendant. The plaintiffs say the second defendant has failed/refused to meet its obligations under the policy and seek
reinstatement costs of $115,000 and $50,000 general damages (plus interest and costs) against the second
defendant.
1/05/2018 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Caroline Laband/Anna McElhinney:- DLA
Piper, Second Defendant
YES DISCONTINUED 09/09/2019
CIV-2018-409-000260 Kenneth J Palmer and Kayoko
Ishizawa v Earthquake
Commission and IAG New
Zealand Limited
General
Proceeding
Property at Ngaio Street, Saint Martins. Damaged in Canterbury earthquake sequence. Policy under IAG. The
plaintiffs say the first defendant is in breach of its obligations as it has failed to indemnify the plaintiffs as required by
the EQC Act. The plaintiffs seek an order that the first defendant pay $115,000 (per earthquake event) and
$26,442.82 (plus interest and costs) from the first defendant. The plaintiffs say the second defendant has faile to
agree to pay the cost when incurred to reinstate the house. The plaintiffs seek an order for specific performance
against the second defendant or a declaration that the second defendant must pay the costs when incurred to repair
the earthquake damage (plus costs and interest).
26/04/2018 TC after 17/01/2020 Andrew Hooker/Eoin Farrell: - Shine
Lawyers, Plaintiffs
John Knight/Cameron Laing:- Chapman
Tripp, First Defendant
Rick Hargreaves/George Lello:- Duncan
Cotterill, Second Defendant
NO
CIV-2018-409-000258 Stephen and Alexis Cogle v IAG
New Zealand Limited
General
Proceeding
Property at Bounty Street, Bryndwr. Damaged as a result of Canterbury earthquake sequence. Policy under IAG. The
plaintiffs say the defendant owes them a contractual obligation to indemnify the plaintiffs for the cost of rebuilding the
home to an as new condition and that the defendant has not done this. The plaintiffs seek the economic loss and a
declaration that the defendant is contractually required to indemnify the plaintiffs for the economic loss (plus costs).
The plaintiffs further say the defendant has breached its duty of good faith and seek damages of $100,000 plus costs.
Finally, the plaintiffs say the defendant breached s 9 of the Fair Trading Act and seek the economic loss and an order
that the plaintiffs are removed from the Insurance Claims Register (plus interest and costs) against the defendant.
27/04/2018 IA 09/04/2019 John Goddard:- WCM Legal, Plaintiffs
Paul Smith:- Duncan Cotterill, Defendant
R W Raymond QC:- Defendant
NO Ready List Entry Date: 01/11/2018
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-409-000241 David Millar Lang, Timothy
James Reid and Gillian Ruth
Reid as trustees of the Lentune
Trust v Vero Insurance New
Zealand Limited
General
Proceeding
Property at Fendalton Road, Fendalton. Heritage homestead. Damaged as a result of Canterbury earthquake
sequence. Policy under Vero. The plaintiffs allege several breaches, namely they say the defendant has breached its
policy obligations by failing to pay or quantify the cost to reinstate the property. The plaintiffs seek an order that the
defendant promptly assess the cost to reinstate the property in accordance with the policy and a declaration that the
defendant must pay to the plaintiffs all costs incurred in the reinstatement of the property (plus general damages and
costs)
26/04/2018 JSC - 2 days after
12/09/2019
David Lang:- Saunders and Co, Plaintiffs
Cecily Brick: Fee Langstone, Defendant
NO
CIV-2018-409-000234 Ross and Maryann Martin v
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Richard Seddon Drive, Northwood. Damaged as a result of Canterbury earthquake sequence. Policy
under AMI. The Plainitffs say the defendant has breached, and continues to breach, its policy obligations by wrongly
determining that a repair to the property is economic and by offering to cash settle for amounts that would not meet
the costs to be incurred to rebuild, replace or repair the home to an "as new" condition. The plaintiffs seek a
declaration that the plaintiffs are entitled to rebuild the home to an "as new" condition and that the defendant must pay
the costs when incurred (plus interest and costs).
16/04/2018 TC after 03/02/2020 Sam Hider, Simpson Greierson, Counsel for
Plainitffs
David Friar/Morgan Powell: Bell Gully,
Defendant
NO
CIV-2018-409-000233 Lewis Quinn Kitchen and
Sharyn Jane Kitchen v AA
Insurance Limited
General
Proceeding
Property at Rocking Horse Road, Christchurch. Damaged as a result of Canterbury earthquake sequence. Policy
under AA. The plaintiffs say the defendant has breached its obligations under the policy and the defendant's proposed
scope of works do not remediate the earthquake damage. The plaintiffs seek a declaration as to the work required to
remediate the earthquake damage in accordance with the policy
19/04/2018 Tyler Brown:- Saunders Robinson Brown,
Plaintiffs
Cecily Brick/Andrew Durrant:- Fee
Langstone, Defendant
YES TRANSFERRED TO CANTERBURY
EARTHQUAKE INSURANCE TRIBUNAL
06/08/2019
Ready List Entry Date: 07/03/2019
Fixture Date: 02/12/2019
Estimated Hearing Days: 10.0
CIV-2018-409-000232 Robert Fantham v Earthquake
Commission and Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Pacific Rod, North New Brighton. Damaged as a result of Canterbury earthquake sequence. Policy under
AMI. Plaintiff says the first defendant has breached its statutory obligations by failing to indemnify the plaintiff as
required. The plaintiff seeks an order for damages up to $115,000 (per earthquake) and $26,442.82 interest (plus
costs) against the first defendant. The plaintiff says the second defendant breached its policy obligations by failing to
agree to pay the cost when incurred to reinstate the house. The plaintiff seeks an order for specific performance
against the second defendant or a declaration for the same (plus interest and costs).
16/04/2018 Andrew Marsh, Barrister, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Morgan Powell: - Bell Gully, Second
Defendant
YES TRANSFERRED TO CANTERBURY
EARTHQUAKE INSURANCE TRIBUNAL
11/12/2019
CIV-2018-409-000221 Neil Malcolm Scrymgeour and
Angelique Maree Bott v IAG
New Zealand Limited
General
Proceeding
Property at Paparoa Street, Papanui. Damaged as a result of Canterbury earthquake sequence. Policy with IAG. The
plaintiffs say the house is beyond economic repair and the defendant is obligated to pay the costs of rebuilding the
house to an as new condition. The repair that has been proposed by the defendant will not fulfil the defendant's
obligations under the policy. The plaintiffs say the defendant has breached its contractual duty. the plaintiffs seek a
declaration that the defendant is obligated to pay the plaintiffs' cost of rebuilding the house, judgment in the sum of
$968,998.66, an order directing the defendant to pay certain fees, $22,500 for loss of rent while the house is rebuild
and general damages against the defendant.
13/04/2018 Susan Bevin: - Cavell Leitch and Peter
Whiteside QC (Counsel acting)
Paul Smith and Dana Beissel:- Duncan
Cotterill, Defendant
YES DISCONTINUED 01/08/2019
CIV-2018-409-000216 Peter Karl Thomas Weeks and
Christine Joy Bennett v
Earthquake Commission
(Discontinued) and Southern
Response
General
Proceeding
(Repairs)
Property at Briggs Road, Shirley. Damaged as a result of 22 February 2011 Canterbury earthquake. Policy under AMI.
Plaintiffs say the first defendant carried out some repair works which did remediate the house to the EQC Act
standard. The amount to reinstate the house is $550,000 which the first defendant is refusing to pay. The plaintiffs
seek $113, 850 and $50,000 for general damages as well as $27,449.02 (plus costs) against the first defendant. The
plaintiffs say the second defendant has breached its obligations under the policy by paying the plaintiffs nothing to
settle their claim. The plaintiffs seek reinstatement costs of $435,000 and $50,000 general damages (plus interest and
costs) against the second defendant.
29/03/2018 Grant Shand :- Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Morgan Powell/Becky Morris: Bell Gully,
Second Defendant
YES DISCONTINUED 27/06/2019
CIV-2018-409-000210 Kathleen Joan Ball v Earthquake
Commission and IAG New
Zealand Limited
General
Proceeding
(Repairs)
Property a Sumner Road, Lyttelton. Damaged as a result of 4September 2010 and 22 February 2011 Canterbury
earthquakes. Policy under IAG. First defendant completed some repair works but the plaintiff says they failed to meet
the required standard. PLaintiff says the first defendant is in breach of its obligations as it has failed to indemnify the
plaintiff as required by the EQC Act. The plaintiff seeks an order that the first defendant pay damages in the sum of
$115,000 (per earthquake) and interest of $27,713.05 (plus costs) against the first defendant. The plaintiff says the
failure by the second defendant to agree to reinstate the property is a breach of its policy obligations. The plaintiff
seeks an order for specific performance or a declaration that the defendant must pay the cost when incurred to the
plaintiff to repair the earthquake damage (plus interest and costs) against the second defendant.
6/04/2018 TC after 27/03/2020 Tandy Gwaze-Musesengwa and Andrew
Hooker: - Shine Lawyers, Plaintiff
John Knight and Nicole Burt:- Chapman
Tripp, First Defendant
Ian Hunt:- Young Hunter, Second Defendant
NO
CIV-2018-409-000209 Wayne Bailey and Denyce
Bailey v Earthquake
Commission (Discontinued) and
IAG New Zealand Limited
General
Proceeding
(Repairs)
Property at Frederick Street, Waltham. Damaged as a result of 22 February 2011 Canterbury earthquake. Policy
under IAG. The plaintiffs say the repair works undertaken on behalf of the first defendant were not performed in a
workmanlike manner. Further, the Plainitffs say the first defendant has breached its statutory obligations as it has
failed to make the full physical payment to the plaintiffs. The plaintiffs seek judgment for $113, 850, $50,000 general
damages and $27,739.50 interest (plus costs) against the first defendant. The plaintiffs say the second defendant
breached its obligations as it has paid the plaintiffs nothing to settle their claim. The plaintiffs seek reinstatement costs
of $385,000 and $50,000 general damages against the second defendant or a declaration for the same.
4/04/2018 Fixture, 5 days after
1/04/2020
Grant Shand:-Plaintiffs
John Knight and Nicole Burt, Chapman
Tripp, First Defendant
Caroline Laband and Brad Cuff, DLA Piper,
Second Defendant
NO
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-409-000208 Savann Laurier-Cammock v
Earthquake Commission and
Southern Response Earthquake
Services Limited (Discontinued)
General
Proceeding
(Repairs)
Property at Petrie Street, Richmond. Damaged as a result of Canterbury earthquake sequence. Policy under AMI.
Assignment of claims to plaintiff on 12 July 2017. The plaintiff says the remedial work carried out on behalf of the first
defendant was not carried out to a workmanlike manner and that first defendant breached is statutory obligations by
failing to make the full physical payment. The plaintiff seeks judgment for $147,933.96 and $36,044.05 interest (plus
costs) against the first defendant. The plaintiff says the second defendant has failed to meet its obligations under the
policy as it has paid the plaintiff nothing to settle the claim. The plaintiff seeks judgment for $450,571.76 (plus interest
and costs) against the second defendant.
4/04/2018 Grant Shand:- Plainitffs
John Knight, Chapman Tripp, First
Defendant
YES DISCONTINUED 17/05/2019
CIV-2018-409-000206 Monique Jones, Christine Jones
and Lindsay Jones v
Earthquake Commission and
IAG New Zealand Limited
General
Proceeding
(Repairs)
Property at Marcroft Street, Woolston. Damaged as a result of 4 September 2010 and 22 February 2011 Canterbury
earthquakes. Policy under IAG. The plaintiffs say the repair works undertaken on behalf of the first defendant were not
performed in a workmanlike manner. Further, the Plainitffs say the first defendant has breached its statutory
obligations as it has failed to make the full physical payment to the plaintiffs. The plaintiffs seek judgment for $227,700,
$50,000 general damages and $55,479.01 interest (and costs) against the first defendant. The plaintiffs say the
second defendant is in breach of its obligations as it has paid the plaintiff nothing to settle the balance of the claims.
The plaintiffs seek $220,000 for reinstatement costs and $50,000 general damages against the second defendant or
a declaration for the same.
4/04/2018 Grant Shand:-Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Caroline Laband/Caroline Halliday:- DLA
Piper, Second Defendant
YES DISCONTINUED 17/10/2019
CIV-2018-409-000203 Brett Lawrence and Carmel
Olsen v Earthquake
Commission (Discontinued) and
Southern Response Earthquake
Services Limited
General
Proceeding
(Repairs)
Property at Mays Road,St Albans. Damaged as a result of Canterbury earthquake sequence. Policy under Southern
Response. The plaintiffs say the first defendant has breached its statutory obligations as it failed to produce a scope of
work that identified all the earthquake damage and produce a scope of works that restored the house to the statutory
standard. It also failed to ensure the remedial work was carried out in accordance with the statutory obligations and to
a workmanlike standard. The plaintiffs seek judgment for excess overpayment ($1,764.62), $590,613.42 remedial
costs, $69,784.44 interest, $50,000 general damages (plus costs) against the first defendant. The plaintiffs say the
second defendant has failed to meet its statutory obligations by proposing a remediation strategy that does not
remediate the house to an "as new" condition and by paying the plaintiffs nothing to settle the claim. The plaintiffs seek
reinstatement costs of $63,313.42 and $2,876.50 interest (plus costs) against the second defendant or a declaration
for the same.
5/04/2018 TC after 28/02/2020 Andrew Ferguson:-Plaintiffs
Morgan Powell/ Simone Cooper:- Bell Gully,
Second Defendant
NO
CIV-2018-409-000202 Allan Grant Hebband v
Earthquake Commission
(Discontinued) and Vero
Insurance New Zealand Limited
General
Proceeding
(Repairs)
Property at Naigara Street, Wainoni. Damaged as a result of Canterbury earthquake sequence. Policy under Vero.
The plaintiff says the remedial work carried out on behalf of the first defendant was not carried out to a workmanlike
manner and that first defendant breached is statutory obligations by failing to make the full physical payment. The
plaintiff seeks judgment for $127,858.23, $25,000 general damages and $31,152.60 interest (plus costs) against the
first defendant. The plaintiff says the second defendant has failed to meet its obligations under the policy as it has paid
the plaintiff nothing to settle the claim. The plaintiff seeks judgment for $320,850.27 and $25,000 general damages
(plus interest and costs) against the second defendant.
4/04/2018 Fixture, 5 days after
20/01/2020
Grant Shand:- Plainitffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Peter Hunt/Laura Cole: McElroys, Second
Defendant
NO
CIV-2018-409-000201 Frances Aquila Bolstad v
Earthquake Commission and
Tower Insurance Limited
General
Proceeding
(Repairs)
Property at Hereford Street, Christchurch. Damaged as a result of Canterbury earthquake sequence. Policy under
Tower. The plaintiff says the work carried out by the first defendant is worthless and did not remediate the house to
the standard required by the EQC Act/policy. The plaintiff seeks judgment for $205,000, $25,000 for general
damages and interest of $49,448.68 (plus costs) against the first defendant. The plaintiff says the second defendant
has failed/refused to meet its obligations under the Fair Insurance Code by failing to settle this claim quickly and fairly.
The plaintiff seeks judgment of $395,000, $25,000 general damages (plus interest and costs) from the second
defendant.
4/04/2018 TC after 03/02/2020 Grant Shand: - Plainitff
Nathaniel Walker, Russell McVeagh, First
Defendant
Mathew Harris and Melissa Hammer:- Gilbert
Walker, Second Defendant
NO Ready List Entry Date: 31/05/2019
CIV-2018-409-000200 Buckland v Tower Insurance
Limited
General
Proceeding
Property at Hoon Hay Road, Hoon Hay. Damaged as a result of 4 September 2010 and 22 February 2011
Canterbury earthquakes. Policy under Tower. The plaintiffs say the defendant has breached its policy obligations by
failing to agree to pay the reinstatement costs for the house. The plaintiffs seek an order for specific performance
against the defendant or a declaration for the same (plus costs and interest).
4/04/2018 Mobeena Hills and Karl Robinson: - Shine
Lawyers, Plaintiffs
Martin Smith and Lucy McGillivray:- Gilbert
Walker, Defendant
YES DISCONTINUED 27/02/2019
CIV-2018-409-000198 Margaret Anne Harris v
Earthquake Commission and
IAG New Zealand Limited
General
Proceeding
Property at Bass Street, Woolston. Damaged as a result of Canterbury earthquake sequence. Policy under IAG.
Plaintiff says the first defendant has breached its statutory obligations by failing to indemnify the plaintiff as required.
The plaintiff seeks an order for damages of $115, 000 (per earthquake) and interest of $27,713.05 (plus costs)
against the first defendant. The plaintiff says the second defendant breached its policy obligations by failing to agree to
pay the cost when incurred to reinstate the house. The plaintiff seeks an order for specific performance against the
second defendant or a declaration for the same (plus interest and costs).
9/04/2018 Fixture - 5 days after
11/09/2020
Tandy Gwaze-Musesengwa and Andrew
Hooker: - Shine Lawyers, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Catherine Jamieson and Megan Gall:- Young
Hunter, Second Defendant
NO
CIV-2018-409-000196 Samantha and Rodney
Pickavance v Earthquake
Commission and Tower
Insurance Limited
General
Proceeding
Property at Clarevale Street, Burwood. Damaged as a result of Canterbury earthquake sequence. Policy under IAG.
Plaintiffs say the first defendant has breached its statutory obligations by failing to indemnify the plaintiffs as required.
The plaintiffs seek an order for damages of $115, 000 (per earthquake) and interest of $27,713.05 (plus costs)
against the first defendant. The plaintiffs say the second defendant breached its policy obligations by failing to agree to
pay the cost when incurred to reinstate the house. The plaintiffs seek an order for specific performance against the
second defendant or a declaration for the same (plus interest and costs).
9/04/2018 TC after 31/01/2020 Mobeena Hills and Karl Robinson: - Shine
Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Matthew Harris and Sarah Alawi:- Gilbert
Walker, Second Defendant
NO
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-409-000189 Philip and Joanna Hunt v Vero
Insurance New Zealand Limited
v IAG New Zealand Limited
General
Proceeding
Property at Bangor Road, Darfield. Damaged as a result of Canterbury earthquake sequence. Policy under first and
second defendant. The Plainitffs say the failure by the defendants to agree to pay the cost when incurred to reinstate
the house is a breach of its obligations under the policy. The plaintiffs seek an order for specific performance of a
declaration for the same against the defendants.
29/03/2018 Mobeena Hills and Karl Robinson: - Shine
Lawyers, Plaintiffs
Peter Hunt:- McElroys, Defendants
YES DISCONTINUED 25/10/2019
CIV-2018-409-000187 Jeffrey Bernard Kenney and
Anthony Ian McNish as trustees
of the J A V Family Trust v Vero
Insurance New Zealand Limited
General
Proceeding
Property at Clyde Road, Fendalton. Damaged as a result of the Canterbury earthquake sequence. Policy under Vero.
The plaintiffs say the defendant has breached its contractual obligations to the Plaintiffs by failing to make an election
under the policy, not paying the costs required to reinstate/repair the property to the requisite policy standard. The
plaintiffs seek declarations that the reinstatement works are required to meet the policy standard of reinstatement and
that the defendant must perform the reinstatement works, or alternatively, that the defendant must pay to the plaintiffs
the difference between EQC payments received and the reinstatement works in accordance with the policy (plus
interest and costs).
28/03/2018 TC after 27/03/2020 Emily Walton:- Wynn Williams, Plaintiffs
[Awaiting statement of defence]
NO
CIV-2018-409-000181 Henrik and Nicola Jane Cuder v
AA Insurance Limited
General
Proceeding
Property at Hewitts Road, Merivale.Damaged as a result of the Canterbury earthquake sequence. Policy under AA.
The plaintiffs say there is a dispute between the parties as to the extent of earthquake damage to the house, how it
should be reinstated in accordance with the policy and the cost of that reinstatement and that the defendant is in
breach of the policy by refusing to recognise the plaintiffs' entitlement to reimbursment for the costs of reinstating the
house in accordance with the policy. The plaintiffs seek a declaration that the plaintiffs are entitled to the cost incurred
in rebuilding or repairing the house, judgment for professional fees and a declaration that the defendant is obliged to
pay for temporary accommodation and any contents as may be required as a result of the reinstatement work (plus
interest and costs).
29/03/2018 TC after 30/03/2020 Glenn Cooper: - Cavell Leitch, Plaintiffs
Cecily Brick/Sam Learmonth: Fee
Langstone, Defendant
NO
CIV-2018-409-000176 Body Corporate 389593 v Vero
Insurance New Zealand Limited
and Earthquake Commission
General
Proceeding
Property at Mairehau Road, Burwood. Damaged as a result of the Canterbury earthquake sequence. Policy under
Vero. The plaintiff says the defendant has indicated it will breach the policy terms by deducitn from any payment to the
plaintiff for reinstatement of damage from the February 2011 earthquake, the amount of any payments made by EQC
in respect of other earthquake events. The plaintiff seeks the following from the defendant: judgment in the sum of
$1,867,80.58; a declaration that the amount payable for the February event is an amount equal to the sum insured for
the February event, minus any payment made by EQC and the only further deduction the defendant may make from
this payment is its own excess under the policy; consequential loss (amount to be quantified), general damages (plus
interest and costs).
22/03/2018 Fixture 10 days on
12/10/2020
Ben Russell: Lane Neave, Plaintiff
Christine Meechan QC, Defendant
Nat Walker, Russell McVeagh, Second
Defendant
NO Ready List Entry Date: 16/08/2018
CIV-2018-409-000175 Jennifer Leah Martin as trustee
of the Jenny Martin Family Care
Trust v Earthquake Commission
and Tower Insurance Limited
General
Proceeding
(Repairs)
Property at Cranford Street, Saint Albans. Damaged as a result of 22 February 2011 Canterbury earthquake. Policy
under Tower. The plaintiff says the EQC work was not carried out to a workmanlike standar, did not remediate the
house to the standard required by the EQC Act and that the first defendant has failed/refused to make the full physical
payment to the plaintiff. The plaintiff seeks judgment for $113,850, $25,000 for general damages and $33, 417.12 of
interest (plus costs) from the first defendant. The plaintiff also says the first defendant breached its obligations by
failing to identify and complete to a workmanlike standard all the necessary repair works. The plaintiff seeks remedial
costs (to be quantified), $81,930 for lost rental income, interest on restoration costs and on lost rental income (plus
costs) for this breach. The plaintiff says the second defendant failed/refused to meet its policy obligations by paying
the plainitff nothing to settle the balance of the claim and seeks reinstatement costs of $385,000, general damages of
$25,000 (plus interest and costs) against the second defendant.
21/03/2018 Grant Shand, Plaintiff
Martin Smith:- Gilbert Walker, Second
Defendant
YES DISCONTINUED 28/11/2019
CIV-2018-409-000174 DZL Properties v Earthquake
Commission and Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Samuel Street, Hoon Hay. Damaged as a result of the 04 September 2010 and 22 February 2011
Canterbury earthquakes. Policy under AMI. The plaintiff says the first defendant has failed/refused to make the full
physical payment for reinstatement costs to the plainitff. The plainitff seeks judgment for $139.277.71 and interest of
$33,691.74 (plus costs) from the first defendant. The plaintiff says the second defendant has breached its policy
obligations by paying the plaintiff nothing to settle the balance of the house claims. The plaintiff seeks judgment for
reinstatement costs of $370,000 plus interest (and costs) from the second defendant.
21/03/2018 TC after 13/12/2019 Grant Shand, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Morgan Powell - Bell Gully, Second
Defendant
NO
CIV-2018-409-000173 P J Page and M P Page v
Earthquake Commission
(Discontinued) and Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Lansdowne Terrace, Cashmere. Damaged as a result of the 4 September 2010 Canterbury earthquake.
Policy under AMI. The plaintiffs say the first defendant has failed/refused to make the full payment to the plaintiffs and
seek judgment for $54,678.49, $50,000 general damages and $13,226.91 (plus costs) from the first defendant. The
plaintiffs say the second defendant has failed/refused to meet its obligations under the policy by paying the plaintiffs
only the OOS component of the claim and has paid the plaintiffs nothing to settle the balance of the house claims. The
plaintiffs seek judgment for reinstatement costs of $385,000 and $50,000 of general damages plus interest and costs
from the second defendant.
21/03/2018 Grant Shand, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
David Friar/Morgan Powell:- Bell Gully,
Second Defendant
YES DISCONTINUED 05/08/2019
CIV-2018-409-000172 Andrea Elizabeth Brolan v
Earthquake Commission
(Discontinued) and IAG New
Zealand Limited
General
Proceeding
Property at Dover Street, Saint Albans. Damaged as a result of the 4 September 2010 and 22 February 2011
Canterbury earthquakes. Policy under IAG. The plaintiff says the first defendant has failed/refused to make the full
physical payment to the plaintiff The plaintiff seeks judgment for $227, 700, $50,000 for general damages and
$66,342.54 interest (plus costs) from the first defendant. The plaintiff says the second defendant has breached its
policy obligations by paying the plaintiff nothing to settle the earthquake claims. The plaintiff seeks reinstatement costs
of $520,000 and $50,000 for general damages (plus interest and costs) from the second defendant.
21/03/2018 Grant Shand, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Catherine Jamieson:- Young Hunter, Second
Defendant
YES DISCONTINUED 26/06/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-409-000170 P B Smith v Earthquake
Commission and Southern
Response Earthquake Services
Limited (Discontinued)
General
Proceeding
(Repairs)
Property at Milton Street, Somerfield. Damaged as a result of the 4 September 2010 and 22 February 2011
Canterbury earthquakes. Poliy under AMI. The plaintiff says the EQC repair work to the house was not carried out to a
workmanlike standard and did not remediate the house to the standard required by the EQC Act. The plainitff seeks
judgment for $134,246.28, $32,474.63 of interest, $25,000 for general damages (plus costs) from the first defendant.
The plaintiff says the second defendant has failed/refused to meet its obligations under the policy as it has paid the
plaintiff nothing to settle the balance of the house claim. The plaintiff seeks judgment for $364,397.70, interest
(amount to be quantified) and general damages of $25,000 (plus costs) from the second defendant.
21/03/2018 Grant Shand, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Susan Rowe:- Buddle Findlay, Second
Defendant
YES DISCONTINUED 13/08/2019
CIV-2018-409-000166 Thomas Edward Fairfax Heale
and Anthea Clare Heale v IAG
New Zealand Limited
General
Proceeding
(Repairs)
Property at Snowdon Road, Fendalton. Damaged as a result of the 4 September 2010 and 22 February 2011
Canterbury earthquakes. Policy under IAG. The plaintiffs say the defendant has breached its contract of insurance
with the plaintiffs in that it did not repair the home to the appropriate policy standard. The plaintiffs claim a sub to be
quantified at trial, punitive damages and interest (plus costs) against the defendant.
16/03/2018 TC after 27/03/2020 Andrew Riches:- Cavell Leitch, plaintiffs
Sara Battersby:- DLA Piper, Defendant
NO Ready List Entry Date: 28/06/2019
CIV-2018-409-000161 James Merlin Smith v
Earthquake Commission and
Tower Insurance Limited
(Discontinued)
General
Proceeding
Property at England Street, Linwood. Damaged as a result of the Canterbury earthquake sequence. Policy under IAG.
The plaintiff says the first defendant has breached its obligations under the EQC Act as it has failed to identify/carry out
the replacement/reinstatement of the earthquake damage. The plaintiff seeks a declaration the plaintiff is entitled to be
paid by the first defendant to replace/reinstate the earthquake damage up to $100,000 (plus interest and costs). The
plaintiff says the second defendant is liable o pay certain costs or to replace, rebuild or repair the earthquake damage
and seek declarations to this effect (plus interest and costs).
12/03/2018 Brian Burke: - Harmans Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Matthew Harris and Ana Lenard:- Glbert
Walker, Second Defendant
YES DISCONTINUED 06/12/2019
CIV-2018-409-000153 Ross Darren Pepper v Tower
Insurance Limited
General
Proceeding
Property at Charon Street, Brooklands. Damaged as a result of 4 September 2010 Canterbury earthquake. Policy
under Tower. The plaintiff says the defendant is in breach of its obligations as it has failed to pay the cost of buying
another house pursuant to its policy. The plaintiff seeks an order that the defendant pay the cost of buying another
house, including the necessary legal and associated fees and that this cost must not be greater than rebuilding the
house on the present site (plus interest and costs).
12/03/2018 Andrew Hooker:- Shine Lawyers, Plaintiff
Martin Smith: - Gilbert Walker, Second
Defendant
YES DISCONTINUED 03/04/2019
CIV-2018-409-000149 David Benjamin Braithwaite v
Earthquake Commission and
Vero Insurance New Zealand
Limited
General
Proceeding
(Repairs)
Property at Worcester Street, Linwood. Damaged as a result of the 04 September 2010 and 22 February 2011
Canterbury earthquakes. Policy under Vero. The plaintiff says the repair work carried out by the first defendant is
worthless and seeks $137,113.02, $25,000 general damages, interest of $40,113.78 (plus costs) against the first
defendant. The plaintiff says the second defendant is liable to pay to the plaintiff $361,502 and seeks judgment for this
amount, $25,000 of general damages (plus interest and costs) against the second defendant.
7/03/2018 Grant Shand, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Peter Hunt and Sandy Percival: McElroys,
Second Defendant
YES DISCONTINUED 08/10/2019
CIV-2018-409-000148 Jason Robert Baggott v
Earthquake Commission and
Southern Response Earthquake
Services Limited
General
Proceeding
(Repairs)
Property at Donnington Street, Parklands. Damaged as a result of 22 February 2011 Canterbury earthquake. Policy
under AMI. Plaintiff purchased the property in November 2014. Rights to claims against both insurers assigned to
plaintiff at time of purchase. The plaintiff says the work carried out by Fletcher EQR did not remediate the house to the
standard required by the EQC Act and seek judgment for $113,850 plus $33,307.96 interest (plus costs) or
alternatively, judgment for $600,000 plus $76,445.64 of interest (plus costs). The plaintiff says the second defendant
has breached its policy obligations by paying the plaintiff nothing to settle the balance of the house claim. The plaintiff
seeks judgment for reinstatement costs of $485,000 plus interest to be quantified (and costs) from the second
defendant.
7/03/2018 Grant Shand, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Himmy Lui:-Bell Gully, Second Defendant
YES DISCONTINUED 24/09/2019
Ready List Entry Date: 20/02/2019
CIV-2018-409-000147 James Shanon Sim and Sera
Te Wehenga Sim v Earthquake
Commission (Discontinued) and
Tower Insurance Limited
General
Proceeding
(Repairs)
Property at Wainoni Road, Wainoni. Damaged as a result of 22 February 2011 Canterbury earthquake. Policy under
Tower. The plaintiff says the repair work carried out by the first defendant is worthless and seeks judgment for
$108,794.69 and $50,000 for general damages plus $31,828.97 (and costs) from the first defendant. The plaintiffs
say the second defendant is liable to pay to the plaintiff $485,000 and $50,000 for general damages (plus interest and
costs) from the second defendant.
7/03/2018 Grant Shand, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Matthew Harris: Gilbert Walker, Second
Defendant
YES DISCONTINUED 13/11/2019
Ready List Entry Date: 30/05/2019
CIV-2018-409-000146 Paul Michael Cavanagh and
Karen Maria Cavanagh v
Earthquake Commission
(Discontinued) and Tower
Insurance New Zealand Limited
General
Proceeding
Property at Grantley Street, New Brighton. Damaged as a result of the 04 September 2010 and 22 February 2011
Canterbury earthquakes. Policy under Tower. The plaintiffs say the first defendant is liable to pay to the plaintiffs
$52,332.98 but has failed/refused to make that payment. The plaintiffs seek judgment for $52,332.98, $15,310.54 of
interest and $50,000 general damages (plus interest and costs) from the first defendant. The plantiffs say the second
defendant is liable to pay to the plaintiffs $324,303.61 and seek judgment for that amount plus $50,000 general
damages (plus interest and costs) from the second defendant.
7/03/2018 Grant Shand, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Martin Smith/Hamish McQueen:- Gilbert
Walker, Second Defendant
YES DISCONTINUED 13/09/2019
Ready List Entry Date: 20/02/2019
CIV-2018-409-000144 Hill Investments Limited v
Earthquake Commission
(Discontinued) and Vero
Insurance New Zealand Limited
and IAG New Zealand Limited
General
Proceeding
(Repairs)
Property at Office Road, Merivale. Damaged as a result of 4 September 2010 and 22 February 2011 Canterbury
earthquakes. Policy under IAG and Vero. The plaintiff says the work carried out by Fletcher EQR did not remediate
the house to the standard required by the EQC Act and seek judgment for $136,186 plus $40.027.47 of interest (plus
costs) against the first defendant. The plaintiff says the second defendants have failed/refused to meet their
obligations by failing to settle the claim validly and quickly. The plaintiff seeks reinstatement costs of $451,800 plus
interest to be quantified (and costs) against the second defendant.
7/03/2018 Grant Shand, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
George Lello:- Duncan Cotterill, Second
Defendant
YES DISCONTINUED 19/09/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-409-000130 Tony Franklin and Joseph
Lindsay (Deceased) as trustees
of the T Franklin Investment
Trust v Earthquake Commission
and IAG New Zealand Limited
General
Proceeding
Property at Ashgrove Terrace, Cashmere. Damaged in September 2010 and February 2011. Policy under IAG. The
plaintiffs say the first defendant is in breach of its obligations as it has failed to indemnify the plaintiffs as required by
the EQC Act. The plaintiffs seek an order that the first defendant pay damages up to $115,000 (per earthquake) plus
interest and costs. The plaintiffs say the second defendant's failure to agree to pay costs when incurred to reinstate
the house to the policy standard is a breach of its obligations and seek an order for specific performance or a
declaration for the same (plus interest and costs).
6/03/2018 TC after 13/12/2019 Andrew Hooker:- Shine Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Ian Hunt and Megan Gall:- Young Hunter,
Second Defendant
NO
CIV-2018-409-000129 Wolfgang Hermann Paul
Fassbinder v Earthquake
Commission and Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Bowhill Road, New Brighton. Damaged as a result of 04 September 2010 and 22 February 2011
Canterbury earthquakes. Policy under AMI. The plaintiff says the first defendant has breached its obligations under the
EQC Act by failing to indemnify the plaintiff as required by the Act. The plaintiff seeks damages of $115,000 per
earthquake (plus costs and interest) from the first defendant. The plaintiff says the failure by the second defendant to
agree to pay the reinstatement costs when incurred is a breach of its obligations. The plaintiff seeks an order for
specific performance or a declaration for the same from the second defendant.
6/03/2018 TC after 31/01/2020 Andrew Hooker:- Shine Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
David Friar, Bell Gully, Second Defendant
NO
CIV-2018-409-000127 Antony Thomas Coles v
Earthquake Commission
(Discontinued) and Tower
Insurance Limited
General
Proceeding
Property at Bronwyn Street, Mairehau. Damaged as a result of 04 September 2010 and 22 February 2011 Canterbury
earthquakes. Policy under Tower. The plaintiff says the first defendant has breached its obligations under the EQC
Act by failing to indemnify the plaintiff as required by the Act. The plaintiff seeks damages of $115,000 per earthquake
(plus costs and interest) from the first defendant. The plaintiff says the failure by the second defendant to agree to pay
the reinstatement costs when incurred is a breach of its obligations. The plaintiff seeks an order for specific
performance or a declaration for the same from the second defendant.
6/03/2018 Fixture, 4 days after
01/03/2020
Andrew Hooker:- Shine Lawyers, Plaintiffs NO
CIV-2018-409-000126 Keli Manson v Earthquake
Commission and Lumley
General Insurance (N.Z.)
Limited
General
Proceeding
(Repairs)
Property at Wellington Street, Phillipstown. Damaged as a result of 04 September 2010 and 22 February 2011
Canterbury earthquakes. Policy under Lumley. The plaintiff says the remediation works completed by Fletcher EQR
did not fix the earthquake damage and seek $93,839.18, $25,000 for general damages and $27,419.78 interest (plus
costs) from the first defendant. The plaintiff says the second defendant is liable to pay $457,846.78 to the plaintiff and
seek judgment for this amount plus $25,000 general damages, interest (to be quantified) and costs against the
second defendant.
5/03/2018 Grant Shand, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Aaron Sherriff and Edward Greig:- Duncan
Cotterill, Second Defendant
YES DISCONTINUED 04/09/2019
CIV-2018-409-000125 Ricky John Forster and Verna
Kahutiari Forster v Earthquake
Commission and Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Shortland Street, Wainoni. Damaged as a result 04 September 2010 and 22 February 2011 Canterbury
earthquakes. Policy under AMI. The plaintiffs say the first defendant has failed/refused to make the full physical
payment to the plaintiffs and seek judgment for $72,390.82, $50,000 general damages and interest of $21,152.58
(plus costs) from the first defendant. The plaintiffs say the second defendant has failed/refused to meet its obligations
under the policy by paying the plaintiffs nothing to settle the balance of the claim. The plaintiffs seek reinstatement
costs of $404,100 and interest (to be quantified) (plus costs) from the second plaintiff.
5/03/2018 Grant Shand, Plaintiff YES DISCONTINUED 15/07/2019
CIV-2018-409-000124 Pristine Investments Limited
(trading as Yaldhurst Hotel) v
Allianz Australia Insurance
Limited
General
Proceeding
Property situated on Main West Coast Highway, Christchurch. Damaged as a result of the 04 September 2010 and
22 February 2011 earthquakes. The plaintiff says the defendant is in breach of its obligations under the policy as it has
failed to agree to pay the costs to reinstate the property to the policy standard. The plaintiff seeks an order for specific
performance or a declaration that the defendant must pay the cost to repair the earthquake damage to the policy
standard (plus interest and costs).
1/03/2018 Fixture - 15 days after
08/06/2020
Susan Bevin: Cavell Leitch,, Plaintiff
Richard Tosh:-DLA Piper, Defendant
NO
CIV-2018-409-000103 Pinot Properties Limited v Vero
Insurance New Zealand Limited
General
Proceeding
Property at Papanui Road, Papanui. Damaged as a result of the Canterbury earthquake sequence. Policy under Vero.
The plaintiffs say the defendant is in breach of its contract as it has failed to pay the plaintiff its full entitlement under
the policy. The plaintiff seeks a declaration as to the meaning of "indemnidty value" under the policy; that the excess
should be deducted from the total loss (rather than sum insured); judgment for full indemnity ; judgment for loss of
rent (amounting to $302,943) plus additional costs (plus interest and costs).
22/02/2018 TC after 21/02/2020 M J Borcoski and T J Brown: - Saunders
Robinson Brown, Plaintiff
Cecilly Brick: - Fee Langstone, Defendant
NO
CIV-2018-409-000101 Lois Adrienne Lough and
Richard John Lough v
Earthquake Commission and
Vero Insurance New Zealand
Limited
General
Proceeding
Property at Kenwyn Avenue, Saint Albans. Damaged as a result of Canterbury earthquake sequence. Policy under
Vero. The plaintiffs say the first defendant has breached its obligations under the EQC Act as it has failed to indemnify
the plaintiff to the standard required by the Act. The plaintiff seeks an order for damages of $115,000 per earthquake
(plus costs and interest) from the first defendant. The plaintiffs say the failure by the second defendant to agree to pay
the cost to reinstate the house, when incurred, amounts to a breach of policy obligations. The plaintiffs seek an order
for specific performance or a declaration that the second defendant must pay the cost of reinstatement when incurred
(plus costs and interest).
21/02/2018 TC after 01/02/2020 Andrew Hooker:- Shine Lawyers, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Peter Hunt and Sandy Percival:- McElroys,
Second Defendant
NO
CIV-2018-409-000099 Corey and Lana Tamou v
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Tavendale Place, Saint Albans. Damaged as a result of the Canterbury earthquake sequence. Policy
under Southern Response. The plaintiffs say the defendant's proposed repair methodology would not result in a repair
to the house to the standard required under the policy, which amounts to a breach of contract. The plaintiffs seek a
declaration that the repair methodology proposed by the defendant does not meet the standard of repair and
reinstatement required by the policy, that any repair methodology shall require replacement of the foundation and
localised repair to the superstructure, an order that the defendant pay the current cost of repairing the property
($528,481), $25,000 for general damages (plus interest and costs).
20/02/2018 Tania Hutchinson: - Saunders and Co,
Plaintiffs
David Friar / Nick Moffatt: - Bell Gully,
Defendant
YES DISCONTINUED 21/06/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-409-000085 Cherrie Birchfield v Earthquake
Commission and IAG New
Zealand Limited
General
Proceeding
Property at Sugden Street, Spreydon. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiff says the first defendant has breached its obligations under the EQC Act as it has failed to indemnify
the plaintiff as required by the EQC Act. The plaintiff seeks an roder that the first defendant pay damages of $115,000
(per earthquake, plus interest and costs) from the first defendant. The plaintiff says the second defendant has
breached its policy obligations by failing to agree to pay the reinstatement costs when incurred. The plaintiff seeks an
order for specific performance against the second defendant or a declaration that the second defendant must pay the
repair costs when incurred (plus interest and costs).
31/01/2018 Fixture, 8 days after
26/06/2020
Andrew Hooker:- Shine Lawyers, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Catherine Jamieson:- Young Hunter, Second
Defendant
NO
CIV-2018-409-000058 Mark James Cochrane v
Earthquake Commission and
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Sinclair Street, New Brighton. Damaged as a result of Canterbury earthquake sequence. Policy under
Southern Response. The plaintiff says the first defendant has failed/refused to make the full payment. The plaintiff
seeks judgment fo $141,499.08, $50,000 for general damages and interest of $40,921.69 (plus costs). The plaintiff
says the second defendant is liable to pay to the plaintiff $376,715.88 for reinstatement costs. The plaintiff seeks this
amount plus $50,000 for general damages (plus interest and costs) from the second defendant.
7/02/2018 Grant Shand, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
David Friar/Morgan Powell: Bell Gully,
Second Defendant
YES DISCONTINUED 19/06/2019
CIV-2018-409-000007 Sharyn Wilson-Berg v Vero
Insurance New Zealand Limited
General
Proceeding
(Repairs)
Property at Bridge Street, New Brighton. Damaged in September 2010 and February 2011. Policy under Vero. The
plaintiff says the defendant has breached its contract by failing to agree to pay the cost when incurred to reinstate the
house to the policy standard. The plaintiff seeks an order for specific performance or a declaration that the defendant
must pay the cost when incurred by the plaintiff to repair the damage (plus interest and costs).
22/12/2017 Andrew Hooker, Shine Lawyers: - Plantiff
Peter Hunt and Emily Ferguson: - McElroys,
Defendant
YES TRANSFERRED TO CANTERBURY
EARTHQUAKE INSURANCE TRIBUNAL
18/11/2019
CIV-2018-409-000006 Michael Todd and Victoria Hix v
AA Insurance Limited
General
Proceeding
Property at Cressy Terrace, Lyttelton. Damaged in September 2010 and February 2014. Policy under AA. The
plaintiffs say the defendant has breached its contractual obligations by failing to agree to pay the cost when incurred to
reinstate the house to the policy standard. The plaintiffs seek an order for specific performance or a declaration that
the defendant must pay the cost when incurred by the plaintiffs to reinstate the earthquake damage (plus interest and
costs).
22/12/2017 TC after 13/12/2019 Andrew Hooker, Shine Lawyers: - Plantiff
Cecily Brick: Fee Langstone, Defendant
NO
CIV-2018-409-000005 Branthwaite v IAG New Zealand
Limited
General
Proceeding
Property at McDougall Avenue, Merivale. Damaged as a result of Canterbury earthquake sequence. Policy under IAG.
The plaintiffs say the defendant is in breach of its contract as it has failed to agree to pay the cost when incurred to
repair the house to the policy standard. The plaintiffs seek an order for specific performance or a declaration for the
same (plus interest and costs).
22/12/2017 Don McBeath:- MDS Law, Plaintiffs
M E Gall: - Young Hunter, Defendant
YES DISCONTINUED 28/01/2019
CIV-2018-409-000004 Wayne Burney and Joy Burney
v Vero Insurance New Zealand
Limited
General
Proceeding
Property at Breezes Road, Aranui. Damaged in February and June 2011. Policy under Vero. The plaintiffs say the
defendant has breached its contractual obligations by failing to agree to pay the cost when incurred to reinstate the
house to the policy standard. The plaintiffs seek an order for specific performance or a declaration that the defendant
must pay the cost when incurred by the plaintiffs to reinstate the earthquake damage (plus interest and costs).
22/12/2017 Andrew Hooker, Shine Lawyers: - Plantiff
[Awaiting statement of defence]
YES DISCONTINUED 18/07/2018
CIV-2018-409-000003 Body Corporate 356271 v Vero
Insurance New Zealand Limited
General
Proceeding
Property at Marine Parade, New Brighton. Damaged as a result of the Canterbury earthquake sequence. Policy under
Vero. The plaintiff says the defendant has breached its obligations under the policy by wasserting that the damage
existed prior to the earthquake sequence, taking an unreasonable time to assess the property and engage experts,
failing to provide expert reports and repair strategy to the plaintiff, failing to complete claim investigation unless plaintiff
agreed to the to the defendant's proposed strategy, failing to confirm the cost of repairs and refusing to extend the
limitation period. The plaintiff seeks a declaration that the defendant is liable to pay to the plaintiff the cost of reinstating
the property to the policy standard or judgment for the same, $25,000 in general damages (plus interest and costs).
22/12/2017 TC after 01/02/2020 Ayleath Foote/Laura McLoughlin-Ware: -
Duncan Cotterll, Plaintiff
Cecily Brick:- Fee Langstone, Defendant
NO
CIV-2018-409-000001 Vero Insurance New Zealand
Limited v Morebacon Limited
General
Proceeding
Property (owned by defendant) at Warrington Street, Mairehau. Damaged as a result of the Canterbury earthquake
sequence.Policy under Vero. Defendant purchased property in 2014 from insured. Insured purported to assign rights
and remedies in relation to the Claim under a Deed of Assignment. The plaintiff did not, and does not, consent to the
assignment of claim. The plaintiff has (on multiple occassions) advised the defendant it is only entitled to indemnity
value and has offered to pay indemnity value. The defendant has rejected offers. Plaintiff seeks a declaratory
judgment that its liability to the defendant as an assignee is no more than indemnity valueof the home (plus costs).
22/12/2017 Peter Hunt/Kristal Rowe: - Plaintiff
[Awaiting statement of defence]
YES DISCONTINUED 28/02/2018
CIV-2018-404-001238 Lewis and Ellen Graham v IAG
New Zealand Limited
General
Proceeding
Properties at Stapletons Road, Richmond. Damaged as a result of Canterbury earthquake sequence. Policy under
IAG. The plaintiffs say the defendant has failed/refused to meet its obligations under the policy by failing to propose a
reinstatement strategy to remediate the house to a condition as nearly as possible to equal to its condition when new
(amongst other claims). The plaintiffs seek reinstatement costs, $2,000 for soft landscaping and interest plus costs.
The plaintiffs also seek the above plus loss of rent and general damages for flood damage against the defendant.
28/06/2018 TC after 13/12/2019 Grant Shand:- Plainitffs
Catherine Jamieson:- Young Hunter,
Defendant
NO
CIV-2018-404-001237 Gavin and Keryn Thiele v IAG
New Zealand Limited
General
Proceeding
Property at Heathfield Avenue, Fendalton. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiffs say the defendant has failed/refused to meet its obligations under the policy by paying the plaintiffs
nothing to settle the house claims (amongst other matters). The plaintiffs seek judgment for reinstatement costs of
$1,226,932.43 and $50,000 general damages (plus interest and costs) or a declaration for the same against the
defendant.
27/06/2018 TC after 06/04/2020 Peter Woods:- Plainitffs
Matthew Booth/Peter Leman:- DLA Piper,
Defendant
NO
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-404-001221 IAG New Zealand Limited as
assignee of the rights of Joanne
McDermott and John Carter and
IAG New Zealand Limited v
Orange H Management Limited
(in receivership) (formerly
named Hawkins Management
Limited) and Orange H Group
Limited (in receivership)
(formerly named Hawkins Group
Limited) and Peak Construction
Limited T/a Golden Homes and
QBE Insurance (Australia)
Limited and Christchurch City
Council
General
Proceeding
(Repairs)
Property at Winchester Street, Christchurch. Damaged as a result of the Canterbury Earthquake sequence. Policy
under IAG. The insured made a claim for reinstatement which IAG accepted. The rebuild work was defective. IAG
paid the insured for the cost of rectifying damage in exchange for the assignation of the insured's rights. The plaintiff
seeks judgment against the defendants for damages under the Consumer Guarantees Act as well as additional
damages to be particularised closer to trial, interest and costs.
25/06/2018 TC after06/03/2020 Oliver Collette-Moxon, Barrister, Plaintiffs
Paul Smith and Dana Beissel, Duncan
Cotterill, plaintiffs
Scott Galloway, Hazelton Law, Fourth
Defendant
Helen Smith, Christchurch City Council, Fifth
Defendant
NO
CIV-2018-404-001082 McDonald v IAG New Zealand
Limited and ORANGE H
MANAGEMENT LIMITED (in
receivership) (formerly named
Hawkins Management Limited)
and ORANGE H GROUP
LIMITED (in receivership) and
QBE Insurance (Australia)
Limited
General
Proceeding
(Repairs)
Property at St Thomas Place, Woolston. Damaged as a result of the Canterbury Earthquake Sequence. Policy under
IAG. IAG elected to restore the property. Plaintiffs alledge defects in the repair and seek a cause of action in
negligence with a loss to the plaintiff of $448,653.00. The plaintiffs also seek a declartion under the Consumer
Guarnatees Act, a breach of the indemnity claim and agreement against IAG and the repairer.
5/06/2018 TC after 20/01/2020 Oliver Collette-Moxon:- Duncan Cotterill,
Plaintiff
Scott Galloway, Hazelton Law, Third
Defendant
Richard Finn and Natasha Cannon, Wooton
Kearney, Fifth Defendant
NO
CIV-2018-404-000557 Molesworth Place Property
Limited v IAG New Zealand
Limited and Earthquake
Commission (Discontinued)
General
Proceeding
(transferred from
the Auckland
registry)
Property at Molesworth Place, Somerfield. Damaged as a result of the 4 September 2010 and 22 February 2011
Canterbury earthquakes. Policy under IAG. The plaintiff says the defendants have not made any dwelling related
payments to the plaintiff. The plaintiff seeks judgment for reinstatement costs of $170,000 (plus interest and costs)
against the first defendant. The plaintiff seeks judgment for $227,700 and interest of $55,107.60 (plus costs) against
the second defendant.
5/04/2018 Grant Shand:- Plaintiff
Paul Smith/Vanessa Ma: Duncan Cotterill,
First Defendant
Nathaniel Walker, Russell McVeagh, Second
Defendant
YES DISCONTINUED 08/08/2019
Ready List Entry Date: 31/05/2019
CIV-2018-009-002236 Russell James Wood and Gillian
Katie Wood v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Cranofrd Street, Saint Albans. Damaged as a result of the Canterbury earthquake sequence. Policy under
AMI. The plaintiffs say the defendant engaged in misleading and deceptive conduct by providing the plaintiffs only the
disclosed DRA and not the undisclosed DRA and as a result, the plaintiffs lost the difference between the settlement
amount and the undisclosed DRA rebuild amount. The plaintiffs seek an order that the settlement agreement be void
and an order for damages of $163,303.90 and judgment for $50,000 general damages (plus interest and costs). The
plaintiffs alternatively say the defendant breached its obligations and seek judgment for $$163,303.90 and $50,000
general damages (plus interest and costs).
3/09/2018 21/09/2018 Grant Shand - Plaintiffs
Susan Rowe - Buddle Findlay - Defendant
YES DISCONTINUED 30/04/2019
CIV-2018-009-002235 Simon Andrew Williams and
Melanie Jane Williams and
Maxine Barbara Forde as
trustees of the Williams Family
Trust v Southern Response
Earthquake Services Limited
General
Proceeding
(transferred from
District Court)
Property at Glenelg Spur, Huntsbury. Damaged as a result of the Canterbury earthquake sequence. Policy under AMI.
The plaintiffs say the defendant engaged in misleading and deceptive conduct by providing the plaintiffs only the
disclosed DRA and not the undisclosed DRA and as a result, the plaintiffs lost the difference between the settlement
amount and the undisclosed DRA rebuild amount. The plaintiffs seek an order that the settlement agreement be void
and an order for damages of $158,240.18 and judgment for $50,000 general damages (plus interest and costs). The
plaintiffs alternatively say the defendant breached its obligations and seek judgment for $158,240.18 and $50,000
general damages (plus interest and costs).
3/09/2018 21/09/2018 Grant Shand - Plaintiffs
Susan Rowe - Buddle Findlay - Defendant
YES DISCONTINUED 30/04/2019
CIV-2018-009-002233 I Living Limited v Southern
Response Earthquake Services
Limited
General
Proceeding
(transferred from
District Court)
Property at Waitikiri Drive, Parklands. The plaintiff says the defendant engaged in misleading and deceptive conduct
by providing the plaintiff only the disclosed DRA and not the undisclosed DRA and as a result, the plaintiff has lost the
difference between the settlement amount and the undisclosed DRA rebuild amount. The plaintiff seeks an order that
the settlement agreement be void and an order for damages of $78,874.05 and judgment for $50,000 general
damages (plus interest and costs). The plaintiffs alternatively say the defendant breached its obligations and seek
judgment for $78,874.05 and $50,000 general damages (plus interest and costs).
3/09/2018 21/09/2018 Grant Shand - Plaintiffs
Susan Rowe - Buddle Findlay - Defendant
YES DISCONTINUED 30/04/2019
CIV-2018-009-002231 Glen Hayden Taylor v Southern
Response Earthquake Services
Limited
General
Proceeding
(transferred from
District Court)
Property at Reginald Street, Burwood. Damaged as a result of the Canterbury earthquake sequence. Policy under
AMI. The plaintiff says the defendant engaged in misleading and deceptive conduct by providing the plaintiff only the
disclosed DRA and not the undisclosed DRA and as a result, the plaintiff lost the difference between the settlement
amount and the undisclosed DRA rebuild amount. The plaintiff seeks an order that the settlement agreement be void
and an order for damages and judgment for $25,000 general damages (plus interest and costs). The plaintiff
alternatively says the defendant breached its obligations and seeks judgment for an amount to be quantified, $25,000
general damages (plus interest and costs).
3/09/2018 21/09/2018 Grant Shand - Plaintiffs
Susan Rowe - Buddle Findlay - Defendant
YES DISCONTINUED 30/04/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-009-002230 Nicola Jane Shand and Marjorie
Beryl Shand and Robert Ross
Shand and Catherine Mary
Pegley as trustees of the N J
Shand Family Trust v Southern
Response Earthquake Services
Limited
General
Proceeding
(transferred from
District Court)
Property at Crosican Grove, Parklands. Damaged as a result of the Canterbury earthquake sequence. Policy under
AMI. The plaintiffs say the defendant engaged in misleading and deceptive conduct by providing the plaintiffs only the
disclosed DRA and not the undisclosed DRA and as a result, the plaintiffs lost the difference between the settlement
amount and the undisclosed DRA rebuild amount. The plaintiffs seek an order that the settlement agreement be void
and an order for damages of $116,224.20 and judgment for $25,000 general damages (plus interest and costs). The
plaintiffs alternatively say the defendant breached its obligations and seek judgment for $161,224.20 and $50,000
general damages (plus interest and costs).
3/09/2018 21/09/2018 Grant Shand - Plaintiffs
Susan Rowe - Buddle Findlay - Defendant
YES DISCONTINUED 30/04/2019
CIV-2018-009-002228 Marshall Joseph French and
Dale Frances French v
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Stour Drive, Burwood. Damaged as a result of the Canterbury earthquake sequence. Policy under AMI.
The plaintiffs say the defendant engaged in misleading and deceptive conduct by providing the plaintiffs only the
disclosed DRA and not the undisclosed DRA and as a result, the plaintiffs lost the difference between the settlement
amount and the undisclosed DRA rebuild amount. The plaintiffs seek an order that the settlement agreement be void
and an order for $115,772.40 and $50,000 damages plus interest and costs.
3/09/2018 21/09/2018 Grant Shand - Plaintiffs
Susan Rowe - Buddle Findlay - Defendant
YES DISCONTINUED 30/04/2019
CIV-2018-009-002227 Susan Jayne Van Eyk
Menkman and Marinus Hans
Van Eyk Menkman v Southern
Response Earthquake Services
Limited
General
Proceeding
(transferred from
District Court)
Property at Stour Drive, Burwood. Damaged as a result of the Canterbury earthquake sequence. Policy under AMI.
The plaintiffs say the defendant engaged in misleading and deceptive conduct by providing the plaintiffs only the
disclosed DRA and not the undisclosed DRA and as a result, the plaintiffs lost the difference between the settlement
amount and the undisclosed DRA rebuild amount. The plaintiffs seek an order that the settlement agreement be void
and an order for damages of $103,486.25 and judgment for $50,000 general damages (plus interest and costs). The
plaintiffs alternatively say the defendant breached its obligations and seek judgment for $1103,486.25 and $50,000
general damages (plus interest and costs). and $50,000 general damages (plus interest and costs).
3/09/2018 21/09/2018 Grant Shand - Plaintiffs
Susan Rowe - Buddle Findlay - Defendant
YES DISCONTINUED 30/04/2019
CIV-2018-009-002224 Edwin Charles Killick and
Bridget Jane Killick v Southern
Response Earthquake Services
Limited
General
Proceeding
(transferred from
District Court)
Property at Glenelg Spur, Hillsborough. Damaged as a result of the Canterbury earthquake sequence. Policy under
AMI. The plaintiffs say the defendant engaged in misleading and deceptive conduct by providing the plaintiffs only the
disclosed DRA and not the undisclosed DRA and as a result, the plaintiffs lost the difference between the settlement
amount and the undisclosed DRA rebuild amount. The plaintiffs seek an order that the settlement agreement be void
and an order for damages of $350,000 (plus interest and costs). The plaintiffs alternatively say the defendant
breached its obligations and seek judgment for $350,000 and $50,000 general damages (plus interest and costs).
3/09/2018 21/09/2018 Grant Shand - Plaintiffs
Susan Rowe - Buddle Findlay - Defendant
YES DISCONTINUED 30/04/2019
CIV-2018-009-002223 Timothy Kenyon Jones and
Elisabeth Kirsten Jones v
Southern Response Earthquake
Services Limited
General
Proceeding
(transferred from
District Court)
Property at Merivale Lane, Merivale. Damaged as a result of the Canterbury earthquake sequence. Policy under AMI.
The plaintiffs say the defendant engaged in misleading and deceptive conduct by providing the plaintiffs only the
disclosed DRA and not the undisclosed DRA and as a result, the plaintiffs lost the difference between the settlement
amount and the undisclosed DRA rebuild amount. The plaintiffs seek an order that the settlement agreement be void
and an order for damages of $187,975.68 and $50,000 general damages (plus interest and costs). The plaintiffs
alternatively say the defendant breached its obligations and seek judgment for $187,975.86 and $50,000 general
damages (plus interest and costs).
3/09/2018 21/09/2018 Grant Shand - Plaintiffs
Susan Rowe - Buddle Findlay - Defendant
YES DISCONTINUED 30/04/2019
CIV-2018-009-002222 Lance Jarrod Graham and
Nicola Ann Graham v Southern
Response Earthquake Services
Limited
General
Proceeding
(transferred from
District Court)
Property at Reginald Street, Burwood. Damaged as a result of the Canterbury earthquake sequence. Policy under
AMI. The plaintiffs say the defendant engaged in misleading and deceptive conduct by providing the plaintiffs only the
disclosed DRA and not the undisclosed DRA and as a result, the plaintiffs lost the difference between the settlement
amount and the undisclosed DRA rebuild amount. The plaintiffs seek an order that the settlement agreement be void
and an order for damages of $174,562 and $50,000 general damages (plus interest and costs). The plaintiffs
alternatively say the defendant breached its obligations and seek judgment for $174,562 and $50,000 general
damages (plus interest and costs).
3/09/2018 21/09/2018 Grant Shand - Plaintiffs
Susan Rowe - Buddle Findlay - Defendant
YES DISCONTINUED 30/04/2019
CIV-2018-009-002221 Ian Robert Barr and Angela
Dawn Barr v Southern
Response Earthquake Services
Limited
General
Proceeding
(transferred from
District Court)
Property at Gayhurst Road, Dallington. Damaged as a result of the Canterbury earthquake sequence. Policy under
AMI. The plaintiffs say the defendant engaged in misleading and deceptive conduct by providing the plaintiffs only the
disclosed DRA and not the undisclosed DRA and as a result, the plaintiffs lost the difference between the settlement
amount and the undisclosed DRA rebuild amount. The plaintiffs seek an order that the settlement agreement be void
and an order for damages of $100,267.15 and judgment for $50,000 general damages (plus interest and costs). The
plaintiffs alternatively say the defendant breached its obligations and seek judgment for $100,267.15 and $50,000
general damages (plus interest and costs).
3/09/2018 21/09/2018 Grant Shand - Plaintiffs
Susan Rowe - Buddle Findlay - Defendant
YES DISCONTINUED 30/04/2019
CIV-2018-009-002220 Annette Lee Bachop as trustee
of the Annette Bachop Family
Trust v Southern Response
Earthquake Services Limited
General
Proceeding
(transferred from
District Court)
Property at Eastwood Rise, Waimari Beach. Damaged as a result of the Canterbury earthquake sequence. Policy
under AMI. The plaintiffs say the defendant engaged in misleading and deceptive conduct by providing the plaintiffs
only the disclosed DRA and not the undisclosed DRA and as a result, the plaintiffs lost the difference between the
settlement amount and the undisclosed DRA rebuild amount. The plaintiffs seek an order that the settlement
agreement be void and an order for damages of $100,267.15 and judgment for $50,000 general damages (plus
interest and costs). The plaintiffs alternatively say the defendant breached its obligations and seek judgment for
$206,761 and $50,000 general damages (plus interest and costs).
3/09/2018 21/09/2018 Grant Shand - Plaintiffs
Susan Rowe - Buddle Findlay - Defendant
YES DISCONTINUED 23/05/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2018-009-002219 Graeme Thomas Miro Bachop
and Angela Mary Bachop and
John Alexander Shepard Bucha
as trustees of the Bachop
Family Trust v Southern
Response Earthquake Services
Limited
General
Proceeding
(transferred from
District Court)
Property at Rapaki Road, St Martins. Damaged as a result of the Canterbury earthquake sequence. Policy under AMI.
The plaintiffs say the defendant engaged in misleading and deceptive conduct by providing the plaintiffs only the
disclosed DRA and not the undisclosed DRA and as a result, the plaintiffs lost the difference between the settlement
amount and the undisclosed DRA rebuild amount. The plaintiffs seek an order that the settlement agreement be void
and an order for damages of $44,862.26 and judgment for $25,000 general damages (plus interest and costs). The
plaintiffs alternatively say the defendant breached its obligations and seek judgment for $44,862.26 and $50,000
general damages (plus interest and costs).
3/09/2018 21/09/2018 Grant Shand - Plaintiffs
Susan Rowe - Buddle Findlay - Defendant
YES DISCONTINUED 30/04/2019
CIV-2018-009-001073 Peter Andrew Cammock and
Elizabeth Mary Cammock v
Southern Response Earthquake
Services Limited
General
Proceeding
(transferred from
District Court)
Property at River Road, Richmond. Damaged as a result of Canterbury earthquake sequence. Policy under AMI. The
plaintiffs say the defendant engaged in misleading and deceptive conduct providing the plaintiffs only the disclosed
DRA and not the undisclosed DRA and representing the cost to rebuild the house as $283,202.80 when the cost to
rebuild was at least $372,149.20. The plaintiffs seek an order that the settlement agreement be void under the Fair
Trading Act 1986 and damages for $87,015.01. The plaintiffs further seek general damages of $50,000 and interest
of $21,249.93 (plus costs). The plaintiffs further say the defendant breached its obligations and seek $50,000 general
damages and interest of $16,096.79 (plus costs) against the defendant.
26/04/2018 21/05/2018 Grant Shand:- Plaintiff
Nick Moffatt/Becky Morris:- Bell Gully,
Defendant
YES DISCONTINUED 30/04/2019
CIV-2018-009-000931 Timothy and Phillippa Riley v
Southern Response Earthquake
Services Limited
General
Proceeding
(transferred from
District Court)
Property at La Costa Lane, Mt Pleasant. Damaged as a result of the 22 February 2011 Canterbury earthquake. Policy
under AMI. The plaintiffs say the defendant provided the plaintiffs with a house claim decision pack that included a
decision letter and a Detailed Repair/Rebuild Analysis. In reliance on the defendant's conduct, the plaintiffs entered
into a settlement agreement with the defendant. The plaintiffs then made a request under the Privacy Act for the most
recent copy of the DRA which specified the rebuild cost at a higher value than the DRA the plaintiffs were given at the
time prior to entering into the settlement agreement. The plaintiffs say the defendant breached ss 9, 11/or 13 of the
Fair Trading Act and breached its obligations. The plaintiffs seek an order that the settlement agreement be void and
damages of $287,134.19 (being the difference between the sums in the disclosed and undisclosed DRAs). The
plaintiffs also seek general damages of $50,000 and interest of $69,657.22 (plus costs). For the breach of obligations
by the defendant, the plaintiffs seek general damages of $50,000 and interest of $78,518.95 (plus costs).
16/04/2018 8/05/2018 Grant Shand:-Plaintiffs
Sophie East/Becky Morris/Nick Moffatt:- Bell
Gully, Defendant
YES DISCONTINUED 30/04/2019
CIV-2018-009-000876 Nicola Short and Cory Garbutt v
Earthquake Commission
(Repairs)
General
Proceeding
(Repairs)
Property at St Johns Street, Woolston. Damaged as a result of the Canterbury Earthquake Sequence. The original
owners lodged claims under the EQC Act 1993. The original owners sold the property to the plaintiffs and assigned all
rights to the plaintiffs. Repairs were undertaken but the plaintiffs alledge the repairs are defective. Plaintiffs claim
judgment in the sum of $137,550.00, interest and costs.
6/04/2018 14/12/2018 Fixture, 4 days after
15/05/2020
Peter Whiteside QC and Ben Walker
instructed by Geddes & Maciaszek, Plaintiffs
Nathaniel Walker, Russell McVeagh,
Defendants
NO
CIV-2018-009-000729 Paul Raymond Brazier v Vero
Insurance New Zealand Limited
and IAG New Zealand Limited
General
Proceeding
(transferred from
District Court)
Property at Randolph Street, Woolston. Damaged in September 2010 and February 2011. Policy under Vero and
IAG. The plaintiff says the defendants have failed/refused to meet its policy obligations as it has paid the plaintiff
nothing to settle the claim. The plaintiff seeks reinstatement costs of $282,265.35 and $25,000 general damages plus
interest and costs.
20/03/2018 1/06/2018 Grant Shand/Jeremy Morriss:- Grant Shand,
Plaintiff
Aaron Sherriff/Edward Greig:- Duncan
Cotterill, Defendants
YES DISCONTINUED 08/04/2019
CIV-2018-009-000468 New Brighton Dental Care
Limited v Medical Assurance
Society Limited
General
Proceeding
Property at New Brighton Mall, New Brighton. Damaged as a result of the Canterbury earthquake sequence. Policy
under MAS. The plaintiff says the defendant breached its obligations under the policy by wrongly refusing to pay to the
plaintiff $144,166 for its reduction in turnover for business interruption. The plaintiff seeks judgment for that amount
plus interest and costs from the defendant. The plaintiff further seeks judgment for $36,529.72 for claim preparation
costs (plus interest and costs).
13/02/2018 6/03/2018 Mark Henderson: - Corcoran French, Plaintiff
Andrew Horne/Nick Frith/Justys Vickers:-
Minter Ellison, Defendant
YES DISCONTINUED 18/01/2019
CIV-2018-009-000417 Karl Greggory Dodds and Ors v
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Errol Lane, Huntsbury. Damaged as a result of the 4 September 2010 and 22 February 2011
earthquakes.Policy under AMI. The plaintiffs say the defendant misrepresented to the plaintiffs the assessed cost of
rebuilding the property and that the plaintiffs would not have entered into the Partial Agreement if they had been
disclosed the full DRA. The plaintiffs seek damages of $217,181.07, $15,000 of general damages (plus interest and
costs) from the defendant.
14/02/2018 5/03/2018 Peter Woods:- Anthony Harper, Plaintiffs
Nick Moffatt and Becky Morris: - Bell Gully,
Defendant
YES JUDGMENT 16/08/2019
Ready List Entry Date: 10/05/2018
COURT OF APPEAL MILESTONES:
Appeal lodged
CIV-2017-409-001001 Michael Innes Stenhouse and
Susan Carol Stenhouse v
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Plynlimon Road, Fendalton. Damaged as a result of the Canterbury earthquake sequence. Policy under
AMI. The plaintiffs say the defendant is in breach of its policy obligations as it has refused/failed to accept the house is
not repairable to an "as new" condition and by refusing/failing to accept the plaintiffs have a choice as to how to
proceed. The plaintiffs seek a declaration that the house is not economically repairable (to an "as new" condition) and
that the plaintiffs have a choice as to how to proceed (plus interest and costs).
21/12/2017 Glen James Ryan: - White Fox Jones and
Neil Campbell QC: - Shortland Chambers,
Plaintiff
Morgan Powell and Becky Morris: Bell Gully,
Defendant
YES DISCONTINUED 29/05/2019
CIV-2017-409-000998 Robyn Tracy Harris and Graeme
Roy Harris v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Hillsborough Terrace, Hillsborough. Damaged as a result of the Canterbury earthquake sequence. Policy
under AMI. The plaintiffs say the defendant has accepted the claim but has failed/refused to settle the claim in full. The
plaintiffs seek judgment for the cost to reinstate the property (including GST, professional fees, demolition and debris
removal, less EQC's payments). Alternatively, the plaintiffs seek a declaration that the defendant is liable to pay the full
replacement costs of reinstating the house to an "as new" condition and a declaration for the correct repair
methodology (plus general damages of $10,000 and costs).
21/12/2017 Jai Moss/Noor Hamid:- St Asaph Chambers
and Grant Smith: - Canterbury Legal,
Plainitffs
Emily Walton:- Wynn Williams, Defendant
YES DISCONTINUED 24/05/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-409-000997 Moorhouse Commercial Park
Limited and trustees of the AEC
Trust v Vero Insurance New
Zealand Limited
General
Proceeding
Properties at Moorhouse Avenue and Hazeldeen Road. Damaged as a result of the Canterbury earthquake
sequence. Policy under Vero. The plaintiffs says the defendant is obligated under the policy to pay the costs incurred
in repair of the damage and the restoration of the properties and seek declarations to this effect (plus interest and
costs). The plaintiffs further say that the defendant failed to properly assess their claims. The plaintiffs seek damages
(to be quantified at trial) (plus interest and costs).
21/12/2017 Fixture - 15 days - on
02/03/2020
Stephen Rennie, Plaintiff
Cecily Brick and Ali Cornwall, Fee
Langstone, Defendant
NO Ready List Entry Date: 03/04/2019
Fixture Date: 02/03/2020
Estimated Hearing Days: 15.0
CIV-2017-409-000996 Anthony Eric Hansen v AA
Insurance Limited
General
Proceeding
Property at Avery Place, Redcliffs. Damaged in September 2010 and February 2011. Policy under AA. The plaintiff
says the defendant has failed to exrecise its right of election within a reasonable time and has proposed a repair
methodology which is not in accordance with the standard of repair under the polict. The plaintiff seeks a declaration
that the property is beyond economic repair and is a rebuild. Alternatively, the plaintiff seeks a declaration for certain
works or that the plaintiff has the right to choose whether the defendant pays the replacement or rebuild value to the
plaintiffs (plus costs).
21/12/2017 Peter Woods/Lisa Taylor: - Anthony Harper,
Plaintiff
Alan Sherlock: Hesketh Henry, Defendant
YES DISCONTINUED 19/11/2018
CIV-2017-409-000988 Nicola Gabrielle Smith v Vero
Insurance New Zealand Limited
General
Proceeding
Property at Tai Tapu Road, Tai tapu. Damaged in September 2010 and February 2011. Policy under Vero. The
plaintiff says in breach of its policy, the defendant has failed to properly establish the correct rebuild methodology for
the property. The plaintiff seeks a declaration that the cost of rebuilding the home on the current site is $2,940,685 (or
such other amount as determined at trial given on-going increases in construction costs, less EQC's payment of
$115,000) (plus interest and costs). The plaintiff further seeks $62,453.23 for consultant's costs, $25,000 for general
damages, $37,687 for replacement costs of carpet and drapes and $25,000 for temporary accommodation and
storage (plus interest and costs).
21/12/2017 Mark Henderson: - Corcoran French, Plaintiff
Cecily Brick: Fee Langstone, Defendant
YES DISCONTINUED 24/10/2019
CIV-2017-409-000984 Worrick Kenneth Norton v
Earthquake Commission
General
Proceeding
(Repairs)
*part of group case * Property at Yaldhurst Road, Yaldhurst. Damaged as a result of the Canterbury earthquake
sequence. The plaintiff says certain repairs do not meet the defendant's obligations under the EQC Act and that there
is damage caused by earthquakes that has not been repaired. The plaintiff seeks special damages in the amount
required to repair the property to the standard set out in the EQC Act, $100,000 for general damages (plus interest
and costs).
18/12/2017 Consolidated with CIV-
2017-409-000827
Andrew Hooker: - Shine Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh,
Defendant
NO
CIV-2017-409-000981 Andrew Pearson v IAG New
Zealand Limited
General
Proceeding
Property at Ferry Road, Woolston. Damaged as a result of the Canterbury earthquake sequence. Policy under IAG.
The plaintiff says the defendant is in breach of its obligations under the policy as it has failed to agree to pay the cost
when incurred to reinstate the house to the policy standard. The plaintiff seeks an order for specific performance or a
declaration that the defendant must pay the cost when incurred by the plaintiff to reinstate the eartqhuake damage
(plus costs and interest).
18/12/2017 Andrew Hooker:- Shine Lawyers, Plaintiff
Catherine Jamieson:- Young Hunter,
Defendant
YES DISCONTINUED 06/09/2018
CIV-2017-409-000978 Byron Shortland Limited v
Buildtech Restorations Limited
and Certain Underwriters at
Lloyd's of London
General
Proceeding
(Repairs)
Property at Byron Street, Sydenham. Damaged as a result of the Canterbury earthquake sequence. Policy under
Lloyd's of London. The plaintiff says the first defendant breached its duty of care toward the plaintiff in carrying out the
repair works and seek damages in the amount of the costs to remediate the defective repairs (plus interest and costs).
The plaintiff says the second defendant have breached their policy obligations as they failed to remediate the damage
in accordance with the policy terms. The plaintiff seeks damages in the amount of the costs required to remediate the
repairs and scope ommissions or a declaration that the second defendants are liable to pay. Alternatively, that the
second defendants must undertake and meet the costs of the necessary work. The plaintiff also seeks damages for
consequential losses agains the second defendant (plus interest and costs).
20/12/2017 Melissa Borcoski/Tyler Brown: - Saunders
Robinson Brown and Neil Campbell QC,
Shortland Chambers for the Plaintiff
Matt Maling:- Lane Neave, First Defendant
YES DISCONTINUED 08/02/2019
CIV-2017-409-000976 163 High Street Limited v
Certain Underwriters at Lloyd's
of London
General
Proceeding
Property at High Street, Central Christchurch. Damaged as a result of the Canterbury earthquake sequence. Policy
under Lloyds. The plaintiff says the defendant has breached its policy as it has only partly indemnified the plaintiff. The
plaintiff seeks a declaration that the defendant pay the cost of reinstatement up to the amount owing under the policy
or damages in a sum that reflects the difference between the amount owing and amount paid to date (plus damages
for loss of rent and expenses, $25,000 general damages and interest and costs). The plaintiffs further seek a
declaration that the defendant has acted in breach of its duty and good faith and seek damages as set out above.
8/12/2017 TC after 20/04/2020 Grant Cameron:- GCA Lawyers, Plaintiff
Crossley Gates:- Keegan Alexander
Barristers, Defendant
NO
CIV-2017-409-000957 Julian and Erica Lingard v
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Hills Road, Marshland. Damaged in September 2010 and February 2011. Policy under AMI. The plaintiffs
say the parties agree that the property requires a rebuild but that the defendant has breached its obligations under the
policy by failing to reinstate the house. The plaintiffs seek an order for specific performance or a declaration that the
defendant must pay the cost incurred by the plaintiffs to reinstate the house (plus interest and costs).
30/11/2017 Andrew Hooker: - Shine Lawyers, Plaintiffs
[Awaiting Statement of Defence]
YES DISCONTINUED 17/05/2018
CIV-2017-409-000942 Tipene Matiu Momo and
Deborah Ann Momo v
Earthquake Commission
General
Proceeding
(Repairs)
*Part of group case* Property at Shirley Road, Shirley. Damaged as a result of the Canterbury earthquake sequence.
The plaintiffs say certain repairs do not meet the defendant's statutory obligations and seek special damages in the
amount required to repair or rebuild the house to the standard required by the EQC Act plus $100,000 general
damages (plus costs and interest).
24/11/2017 Andrew Hooker:-Shine Lawyers, Plainitffs
[Awaiting Statement of Defence]
YES DISCONTINUED 08/08/2019
CIV-2017-409-000941 Popo Loua v AA Insurance
Limited
General
Proceeding
Property at Redruth Avenue, Spreydon. Damaged as a result of the Canterbury earthquake sequence. Policy under
AA. Claim assigned from previous owner. The plaintiff says the defendant has breached its policy by proposing a
repair methodology which is not in accordance with the standard of repair under the policy. The plaintiff seeks a
declaration that the defendant is liable to pay the cost incurred un repairing or rebuilding the damaged part of the
home (plus professional fees, costs and temporary accommodation costs). The plaintiff also seeks a declaration that
the claim and proceeds of the claim have been validly assigned to the plaintiff.
30/11/2017 Peter Woods/Lisa Taylor: - Anthony Harper,
Plaintiff
Alan Sherlock/Anna Barnett:- Hesketh Henry
YES DISCONTINUED 14/06/2018
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-409-000940 The Estate of Robert Adair v
Earthquake Commission and
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Wilfrid Street, Ilam. Owner deceased. Damaged as a result of the Canterbury earthquake sequence.
Policy under AMI. The plaintiff says the first defendant is in breach of its statutory obligations as it has failed to
indemnify the plaintiff as required by the EQC Act. The plaintiff seeks an order that for damages of $115,000 per
earthquake (plus interest and costs). The plaintiff says the failure by the second defendant to agree to pay the cost
when incurred to reinstate the house to the policy standard is a breach of its obligations. The plaintiff seeks an order
for specific performance or a declaration that the second defendant must pay reinstatement costs when incurred.
24/11/2017 Andrew Hooker:-Shine Lawyers, Plainitffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Morgan Powell/Simone Cooper:- Bell Gully,
Second Defendant
YES DISCONTINUED 19/06/2019
CIV-2017-409-000939 Hendrikus Petrus Maria
Buckens v Earthquake
Commission (Discontinued) and
IAG New Zealand Limited
General
Proceeding
Property at Howard Street, Spreydon. Damaged in September 2010 and February 2011. Policy under IAG. The
plaintiff says the first defendant has breached its obligations by failing to indemnify the plaintiff as required by the EQC
Act and seeks damages of $115,000 (per earthquake) from the first defendant (plus costs and interest). The plaintiff
says the second defendant has breached its policy obligations by failing to agree to pay the cost when incurred to
reinstate the house. The plaintiff seeks an order for specific performance or a declaration that the second defendant
must pay the cost when incurred (plus costs and interest).
24/11/2017 JSC on 12/08/2018 and
Fixture - 7 days after
24/04/2020
Andrew Hooker: - Shine Lawyers, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Peter Leman/Shane Swinerd: - DLA Piper,
Seond Defendant
NO Ready List Entry Date: 03/05/2019
CIV-2017-409-000914 AH Trustees (Lahmajou) Limited
and Cy-Pres Family Trustees
Limited v Blair Cunningham
Construction Limited and IAG
(NZ) Limited
General
Proceeding
(Repairs)
Property at Clovelly Place, Westmorland. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiffs say the first defendant breached its contract by not carring out and completing the works according
to the contract and in a proper manner. The plaintiffs seek damages for the cost of remedying the defective work (to
be quantified at trial) but which are estimated to be in excess of $1 million (plus damages and costs) from the first
defendant. The plaintiffs say the second defendant breached its policy by denying its responsibility and failing to settle
the plaintiffs' claim fairly and properly. The plaintiffs seek damages for the cost of remedying the defective work (to be
quantified at trial) but which are estimated to be in excess of $1 million (plus damages and costs) from the second
defendant.
8/11/2017 Richard Smedley:- Anthony Harper, Plaintiff
self-represented, First Defendant
Paul Smith and Geoff Turner: - Duncan
Cotterill, Second Defendant
Laura Daly, Mortlock McCormick Law, Third
Party
Richard hern, Wyn Williams, Third Party
YES TRANSFERRED TO CANTERBURY
EARTHQUAKE INSURANCE TRIBUNAL
18/11/2019
CIV-2017-409-000909 Anthony Edward Richards v IAG
New Zealand Limited
General
Proceeding
Property at Sweet Waters Place, Woolston. Damaged in September 2010 and February 2011. Policy under IAG. The
plaintiff says the defendant has failed/refused to meet its obligations under the policy by proposing a remediation
strategy and costing that is not in accorance with the policy obligations. The plaintiff seeks judgment for rebuild costs
of $992,094.42 for rebuild costs and $25,000 for general damages (plus interest and costs).
7/11/2017 Grant Shand, Plaintiff
Peter Leman: DLA Piper, Defendant
YES DISCONTINUED 16/05/2019
CIV-2017-409-000908 Matheson v Earthquake
Commission and Vero
Insurance New Zealand Limited
General
Proceeding
(Repairs)
Property at Abberley Crescent, St Albans, Christchurch. Suffered damage as a result of the Canterbury earthquake
sequence. Policy under Vero. Plaintiffs assigned residual rights in insurance claims by previous owners. The plaintiffs
say the first defendant is in breach of its statutory duty as it has not reinstated the home to the standard required by
the EQC Act, including remediating the defective repairs or paying the difference between the second defendant's
contribution to the cost of reinstating the damage to the house and the full cost of reinstatement. The plaintiffs seek a
declaration to this effect, in addition to costs for alternative accommodation (plus interest and costs). The plaintiffs say
the second defendant is in breach of its contract as it has unjustifiably refused to accpet that full replacement cover is
available under the policy and has refused to pay the costs to reinstate the home to the requisite standard. The
plaintiffs seek declarations that the deed of assignment is binding on the second defendant, that the plaintiffs are
entitled to full cover or that the second defendant must pay the difference between the first defendant's payment and
full replacement costs (including alternative accommodation).
20/10/2017 TC after 31/01/2020 Emily Walton:- Wynn Williams, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Glen Holm-Hansen:- Hesketh Henry, Second
Defendant
NO
CIV-2017-409-000906 Body Corporate 69512 v Vero
Insurance New Zealand Limited
and Simplexity Construction
Limited
General
Proceeding
(Repairs)
Property at Print Place, Middleton. Damaged as a result of the Canterbury earthquake sequence. Policy under Vero.
The plaintiff says the defendant has breached its policy obligations by failing to reinstate the property to the policy
repair standard and by failing to pay the cost of reinstatement. The plaintiff seeks declarations that the reinstatement
works are required, that the defendant must perfrm (or enagge a contractor to perform) the works or that the
defendant must pay the equivalent of the costs (plus interest and costs).
30/10/2017 TC after 13/12/2019 Stuart Stock, White Fox Jones, Plaintiff
Cecily Brick/Ali Cornwell: - Feelangstone,
Defendant
Iva Rosic, Gilbert Walker, Third Party
NO
CIV-2017-409-000905 D W Pasea and Y J Pasea v
Earthquake Commission and
Vero Insurance New Zealand
Limited
General
Proceeding
(Repairs)
Property at Hamilton Avenue, Ilam. Damaged as a result of the Canterbury earthquake sequence. Policy under Vero.
The plaintiffs say the first defendant has not identified all of the earthquake damage to the property and the repair
works are incomplete and defective. The plaintiffs are in doubt as to which defendant is liable and the extent of their
liability. The plaintiffs seek a declaration that the first defendant is liable for the reinstatement of earthquake damage to
the standard required by the EQC Act (plus costs). The plaintiffs further seek declarations as to the apportionment of
damage to the property and if the statutory cap applies to the first defendant's claims, a declaration that the second
defendant is liable to pay the cost incurred by the plaintiffs in rebuilding/repairing the damaged portion of the home
(plus alternative accommodation costs and costs).
20/12/2017 Peter Woods/Lisa Taylor:- Anthony Harper,
Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Cecily Brick: - Fee Langstone, Second
Defendant
YES TRANSFERRED TO CANTERBURY
EARTHQUAKE INSURANCE TRIBUNAL
04/11/2019
CIV-2017-409-000899 Gordon v Tower Insurance
Limited
General
Proceeding
Property at Halswell Road, Hoon Hay. Damaged in September 2010 and February 2011. Policy under Tower. The
plaintiffs say the defendant's scope of works does not meet its obligation to repair the house to the same condition
and extent as when new. The plaintiffs seek an order that the defendant specifically perform its duties pursuant to the
policy by paying the costs when incurred to repair the house or a declaration for the same (plus costs and interest).
3/11/2017 Tandy Gwaze-Musesengwa:- Shine
Lawyers, Plaintiffs
[Awaiting statement of defence]
YES DISCONTINUED 13/11/2017
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-409-000898 Trustees of the New Horizons
Trust v Earthquake Commission
and Vero Insurance New
Zealand Limited
General
Proceeding
Property at Catherwood Avenue, Ashburton. Damaged in September 2010 and February 2011. Policy under Vero.
The plaintiff says the first defendant failed to indemnify the plaintiffs as required by the EQC Act and seek an order that
the first defendant pay damages in the sum of $115,000 (per earthquake) (plus costs, damages and interest). The
plaintiff says the failure by the second defendant to agree to pay the costs when incurred to carry out the works to the
standard set out in the policy is a breach of contract. The plaintiff seeks an order for specific performance or a
declaration that the second defendant must pay the cost of repairing the house to the standard set out in the policy
(plus costs and interests).
2/11/2017 TC after 31/01/2020 Andrew Hooker:-Shine Lawyers, Plainitffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Peter Hunt/Rachel Scott: - McElroys, Second
Defendant
NO
CIV-2017-409-000888 Wren v Earthquake Commission
and Vero Insurance New
Zealand Limited
General
Proceeding
(Repairs)
Property at Hawthorne Street, Strowan. Damaged as a result of the Canterbury earthquake sequence. Policy under
Vero. The plaintiffs say the repair works carried out by the first defendant failed to remedy the damage to the standard
required by the EQC Act. The plaintiffs seek a declaration that the first defendant is liable to pay the plaintiffs the
equivalent value of the cost of reinstating the property or judgment for the equivalent (plus interest and costs). The
plaintiffs say the second defendant has breached its obligations under the policy by failing/refusing to agree (or pay the
cost of as incurred) a repair strategy which would restore the property to the policy standard. The plaintiffs seek a
declaration that the second defendant is liable to pay the plaintiffs the equivalent value of the cost of reinstating the
property or judgment for the same (plus interest and costs).
6/11/2017 JSC after 14/04/2020 Stephanie Grieve/Laura McLoughlin-Ware:-
Duncan Cotterill, plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Cecily Brick: - Fee Langstone, Second
Defendant
NO
CIV-2017-409-000884 Offshore Holdings Limited and
NZ Cashflow Control Limited v
Western Pacific Insurance
Limited (In Liquidation)
General
Proceeding
Properties at Manchester Street, Christchurch and Bedford Row, Christchurch. Damaged as a result of the
Canterbury earthquake sequence. Policy under the defendant. The plaintiffs say the defendant is liable to pay the cost
of completing the repair works required to the properties, to the standard required under the policy. The plaintiffs seek
a declaration to this effect (plus interest and costs).
31/10/2017 Fixture, 3 days after
01/02/2020
G J Ryan White Fox and Jones and A J
Forbes, QC for plaintiffs
Frazer Barton and Rebecca Barton: -
Anderson Lloyd, Defendant
NO
CIV-2017-409-000864 Guy Douglas Howat and
Kathryn Le Grove v AA
Insurance Limited
General
Proceeding
Property at Bay View Road, Moncks Bay. Damaged as a result of the Canterbury earthquake sequence. Policy under
AA. The plaintiffs say the defendant has breached its policy obligations as it has accepted the claim but failed/refused
to arrange for the proper repair/replacement of the home or to pay the plaintiffs to reinstate the house. The plaintiffs
seek judgment for the cost to reinstate the house (less EQC's liability) or a declaration that the defendant is liable to
pay to the plaintiffs the full replacement cost of rebuilding the house to an "as new" condition. Alternatively, the
plaintiffs seek a declaratory judgment to repair the damage to the standard in accordance with the plaintiffs' expert
repair recommendations (plus $10,000 general damages).
30/10/2017 Gary Davis/Jai Moss:- St Asaph Chambers,
Plaintiffs
Peter Hunt/Emily Ferguson: - McElroys,
Defendant
YES DISCONTINUED 12/12/2018
CIV-2017-409-000862 Ashby v AA Insurance Limited General
Proceeding
Property at Bryndwr Road, Bryndwr, Christchurch. Suffered damage as a result of Canterbury earthquake
sequence.Policy under AA. The plaintiffs say the defendant has breached its contractual obligations by failing/refusing
to carry out the work required to reinstate the house. The plaintiffs seek a declaration that they are entitled to be paid
under the terms of the contract in respect of the cost required to reinstate the remedy the damage to the property and
costs for alternative accommodation (plus interest and costs).
30/10/2017 JSC after 30/01/2020 Brian Burke: - Harmans Lawyers, Plaintiffs
Alan Sherlock/Anna Barnett: - Hesketh
Henry, Defendant
NO
CIV-2017-409-000849 Sharlick and Burney v IAG New
Zealand Limited
General
Proceeding
Property at 5 Beacon Street, Brooklands, Christchurch. Damaged as a reuslt of the Canterbury Earthquake
Sequence.Policy under IAG. The house was in the Canterbury "red zone". A claim was lodged with the defendant and
the plaintiffs alledge the defendants have broken their obligation to act in good faith and have failed to meet he
obligations under the policy. The plaintiffs claim an order as to specific performance, a declaration, interest, costs and
general damages.
24/10/2017 Gary Craig Sharlick/Jan Therese Burney:- In
person, plaintiffs
[Awaiting statement of defence]
YES DISCONTINUED 01/03/2019
CIV-2017-409-000837 Whyte v Tower Insurance
Limited and Earthquake
Commission (Discontinued)
General
Proceeding
Property at Slater Street, Richmond. Damaged in September 2010 and February 2011. Policy under Tower. The
plaintiff says the first defendant has failed to meet its obligations under the policy by offering to pay the plaintiffs
nothing to settle the plaintiffs' house claims. The plaintiffs seek judgment for $335,000 and $30,000 general damages
(plus interest and costs) from the first defendant or a declaration for the same. The plaintiffs say the second defendant
has failed/refused to make payments to the plaintiffs. The plaintiffs seek judgment for $163,350 and $30,000 general
damages (plus interest and costs) from the second defendant.
9/10/2017 self represented:- plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Matthew Harris/Hamish McQueen:- Gilbert
Walker, second defendant
YES DISCONTINUED 04/12/2019
Ready List Entry Date: 08/02/2019
CIV-2017-409-000830 Tania Anne Ashton v
Earthquake Commission
General
Proceeding
(Repairs)
*Part of group case* Property at Medway Street, Richmond. Damaged as a result of the Canterbury earthquake
sequence. The plaintiffs say the defendant failed to meet its obligations under the EQC Act as it failed to identify all
damage caused in the earthquakes and failed to ensure that it approved a scope of repairs that met the standard of
the EQC Act. The plaintiffs seek special damages in the amount required to repair or rebuild the house to the standard
set in the policy and $100,000 for general damages (plus interest and costs).
9/10/2017 Consolidated with CIV-
2017-409-000827
Andrew Hooker:- Shine Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh,
Defendant
NO
CIV-2017-409-000829 X M Liu v Earthquake
Commission
General
Proceeding
(Repairs)
*Part of group case* Property at O'Connor Place, Burnside. Damaged as a result of Canterbury earthquake
sequence. Plaintiffs say since purchasing the house they have become aware the defendant was negligent in carrying
out its statutory obligations and that the repairs do not meet the defendant's statutory obligations and there is
earthquake work that has not been repaired at all. The plaintiffs seek special damages in the amount required to repair
the house to the statutory standard and $100,000 general damages (plus costs and interest) against the defendant.
9/10/2017 Consolidated with CIV-
2017-409-000827
Andrew Hooker:- Shine Lawyers, Plaintiff
Nathaniel Walker, Russell McVeagh,
Defendant
NO
CIV-2017-409-000828 Hewitson v Earthquake
Commission
General
Proceeding
(Repairs)
*Part of group case* Property at Shirley Road, Shirley. Damaged as a result of the Canterbury earthquake sequence.
The plaintiffs say the defendant failed to meet its obligations under the EQC Act as it failed to identify all damage
caused in the earthquakes and failed to ensure that it approved a scope of repairs that met the standard of the EQC
Act. The plaintiffs seek special damages in the amount required to repair or rebuild the house to the standard set in
the policy and $100,000 for general damages (plus interest and costs).
9/10/2017 Consolidated with CIV-
2017-409-000827
Andrew Hooker:- Shine Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh,
Defendant
NO
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-409-000827 Julia Dawne McEntyre v
Earthquake Commission
General
Proceeding
(Repairs)
*Part of group case* Property at Dacre Street, Linwood. Damaged as a result of the Canterbury earthquake
sequence. Plaintiffs say since purchasing the house they have become aware the defendant was negligent in carrying
out its statutory obligations and that the repairs do not meet the defendant's statutory obligations and there is
earthquake work that has not been repaired at all. The plaintiffs seek special damages in the amount required to repair
the house to the statutory standard and $100,000 general damages (plus costs and interest) against the defendant.
9/10/2017 TC after 14/02/2020 Andrew Hooker:- Shine Lawyers, Plaintiffs
Nathan Gedye, QC:Senior Counsel, Plaintiffs
Nathaniel Walker, Russell McVeagh,
Defendant
NO
CIV-2017-409-000826 J S Gibling and ors v
Earthquake Commission
General
Proceeding
(Repairs)
*Lead file in group case* Property at Pacific Road, North New Brighton. Damaged as a result of the Canterbury
earthquake sequence. Plaintiffs say since purchasing the house they have become aware the defendant was
negligent in carrying out its statutory obligations and that the repairs do not meet the defendant's statutory obligations
and there is earthquake work that has not been repaired at all. The plaintiffs seek special damages in the amount
required to repair the house to the statutory standard and $100,000 general damages (plus costs and interest) against
the defendant.
9/10/2017 Andrew Hooker:- Shine Lawyers, Plaintiffs
Sarah Armstrong:- Russell McVeagh,
Defendant
YES DISCONTINUED 22/08/2019
Ready List Entry Date: 12/11/2018
Fixture Date: 26/08/2019
Estimated Hearing Days: 15.0
CIV-2017-409-000825 Andy and Rachel Cunninghym v
Earthquake Commission
General
Proceeding
(Repairs)
*Part of group case* Property at Mackworth Street, Woolston. Damaged as a result of the Canterbury earthquake
sequence. Plaintiffs say since purchasing the house they have become aware the defendant was negligent in carrying
out its statutory obligations and that the repairs do not meet the defendant's statutory obligations and there is
earthquake work that has not been repaired at all. The plaintiffs seek special damages in the amount required to repair
the house to the statutory standard and $100,000 general damages (plus costs and interest) against the defendant.
9/10/2017 Consolidated with CIV-
2017-409-000827
Andrew Hooker:- Shine Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh,
Defendant
NO
CIV-2017-409-000824 Antony Thomas Coles v
Earthquake Commission
General
Proceeding
(Repairs)
*Part of group case* Property at Kellys Road, Mairehau. Damaged as a result of the Canterbury earthquake
sequence. Plaintiffs say since purchasing the house they have become aware the defendant was negligent in carrying
out its statutory obligations and that the repairs do not meet the defendant's statutory obligations and there is
earthquake work that has not been repaired at all. The plaintiffs seek special damages in the amount required to repair
the house to the statutory standard and $100,000 general damages (plus costs and interest) against the defendant.
9/10/2017 Consolidated with CIV-
2017-409-000827
Andrew Hooker:- Shine Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh,
Defendant
NO
CIV-2017-409-000823 P A Belcher v ors v Earthquake
Commission
General
Proceeding
(Repairs)
*Part of group case* Property at Gordon Avenue, Merivale. Damaged as a result of the Canterbury earthquake
sequence.Plaintiffs say since purchasing the house they have become aware the defendant was negligent in carrying
out its statutory obligations and that the repairs do not meet the defendant's statutory obligations and there is
earthquake work that has not been repaired at all. The plaintiffs seek special damages in the amount required to repair
the house to the statutory standard and $100,000 general damages (plus costs and interest) against the defendant.
9/10/2017 Consolidated with CIV-
2017-409-000827
Andrew Hooker:- Shine Lawyers, Plaintiffs
John Knight/Rose Goss:- Chapman Tripp,
Defendant
NO
CIV-2017-409-000821 Thomas David Stedman v
Earthquake Commission
General
Proceeding
(Repairs)
*Part of group case* Property at Opawa Road, Opawa. Damaged as a result of the Canterbury earthquake
sequence.Plaintiff says since purchasing the house they have become aware the defendant was negligent in carrying
out its statutory obligations and that the repairs do not meet the defendant's statutory obligations and there is
earthquake work that has not been repaired at all. The plaintiff seeks special damages in the amount required to repair
the house to the statutory standard and $100,000 general damages (plus costs and interest) against the defendant.
9/10/2017 Consolidated with CIV-
2017-409-000827
Andrew Hooker:- Shine Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh,
Defendant
NO
CIV-2017-409-000820 Susan Anne Wells v Earthquake
Commission
General
Proceeding
(Repairs)
*Part of group case* Property at St Martins Road, St Martins Damaged as a result of the Canterbury earthquake
sequence.Plaintiff says since purchasing the house they have become aware the defendant was negligent in carrying
out its statutory obligations and that the repairs do not meet the defendant's statutory obligations and there is
earthquake work that has not been repaired at all. The plaintiff seeks special damages in the amount required to repair
the house to the statutory standard and $100,000 general damages (plus costs and interest) against the defendant.
9/10/2017 Consolidated with CIV-
2017-409-000827
Andrew Hooker:- Shine Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh,
Defendant
NO
CIV-2017-409-000819 Rabco Industries Limited and
trustees of the Burns Family
Trust v IAG New Zealand
Limited
General
Proceeding
Property at 204 Breezes Road, Wainoni. Damaged in February 2011. Policy under IAG. The plaintiffs say the
defendant breached its obligations under the policy by failing to settle the claim within a reasonable time. The first
plaintiff seeks $160,000 being the sum paid to Risk Worldwide Limited, $60,000 for losses on sale of plant and
machinery and $250,000 for loss on liquidation of stock in addition to damages for loss of profit. The second plaintiffs
claim $42,000 per year for loss of rent (plus interest and costs).
9/10/2017 Andrew Hooker: - Shine Lawyers, Plaintiffs
Chris Hlavac: - Young Hunter, Defendant
YES DISCONTINUED 28/03/2019
CIV-2017-409-000818 Sleight v FR 2012 Ltd and
Orange H Management Limited
and IAG New Zealand Limited
and QBE Insurance (Australia)
Limited
General
Proceeding
(Repairs)
Property at Kinnaird Place, Hillmorton. Damaged as a result of Canterbury earthquake sequence. Policy under IAG.
Several causes of action against three defendants. (One is set out here). The plaintiffs say the first defendant is in
breach of its obligations and breached the duty of care owed to the plaintiffs as it did not carry out the works to the
required standard. The plaintiffs seek damages (amount to be quantified at trial), general damages for stress and
inconvenience (plus interest and costs) against the first defendant. The plaintiffs seek specific orders against the
second and third defendants.
6/10/2017 Fixture - 13 days on 2
June 2020
M J Borcoski - Saunders Robinson Brown,
Plaintiff
Grant Smith/Jai Moss: Canterbury Legal/St
Asaph Chambers:- First Defendant
Scott Galloway:- Hazelton law, Second
Defendant
Peter Leman, DLA Piper, Third Defendant
Scott Galloway, Hazelton Law, Fouth
Defendant
NO Ready List Entry Date: 08/02/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-409-000817 Trustees of the New Horizons
Trust v Earthquake Commission
General
Proceeding
(Repairs)
*Part of group case* Property at Queens Drive, Ashburton. Damaged as a result of the Canterbury earthquake
sequence.Plaintiffs say since purchasing the house they have become aware the defendant was negligent in carrying
out its statutory obligations and that the repairs do not meet the defendant's statutory obligations and there is
earthquake work that has not been repaired at all. The plaintiffs seek special damages in the amount required to repair
the house to the statutory standard and $100,000 general damages (plus costs and interest) against the defendant.
9/10/2017 Consolidated with CIV-
2017-409-000827
Andrew Hooker:- Shine Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh,
Defendant
NO
CIV-2017-409-000816 Hargen v Earthquake
Commission
General
Proceeding
(Repairs)
*Part of group case* Property at Anglesea Avenue, Parklands. Damaged as a result of the Canterbury earthquake
sequence.Plaintiffs say since purchasing the house they have become aware the defendant was negligent in carrying
out its statutory obligations and that the repairs do not meet the defendant's statutory obligations and there is
earthquake work that has not been repaired at all. The plaintiffs seek special damages in the amount required to repair
the house to the statutory standard and $100,000 general damages (plus costs and interest) against the defendant.
9/10/2017 Consolidated with CIV-
2017-409-000827
Andrew Hooker:- Shine Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh,
Defendant
NO
CIV-2017-409-000815 Judith Claire Graham v
Earthquake Commission
General
Proceeding
(Repairs)
*Lead file for group of cases* Property at Carlton Mill Road. Damaged as a result of Canterbury earthquake sequence.
Plaintiffs say since purchasing the house they have become aware the defendant was negligent in carrying out its
statutory obligations and that the repairs do not meet the defendant's statutory obligations and there is earthquake
work that has not been repaired at all. The plaintiffs seek special damages in the amount required to repair the house
to the statutory standard and $100,000 general damages (plus costs and interest) against the defendant.
9/10/2017 Fixture, 7 days after
17/04/2020
Grant Shand, Plaintiff
Nathaniel Walker, Russell McVeagh,
Defendant
NO
CIV-2017-409-000814 Joyce Marriette Boote v AA
Insurance Limited
General
Proceeding
Property at School Road, Halswell. Damaged as a result of the Canterbury earthquake sequence. Policy under AA.
The plaintiff says the defendant has accepted the claim yet has failed/refused to settle the claim within the terms of the
policy. The plaintiff seeks judgment for the cost to reinstate the home (minus EQC's liability) or an order that the
defendant is liable to pay the costs of rebuilding the home to an "as new" condition (plus interest and costs).
4/10/2017 TC after 01/02/2020 Jai Moss/Gary Davis: - St Asaph Chambers,
Plainitff
Cecily Brick/Courtney Brooke: Fee
Langstone, Defendant
NO
CIV-2017-409-000800 Richard Andrew Floyd and
Catherine Lattimore v
Earthquake Commission and
Vero Insurance New Zealand
Limited
General
Proceeding
Property at Normans Road, Merivale. Damaged in September 2010 and February 2011. Policy under Vero. The
plaintiffs say the first defendant failed to reinstate the building to a condition substantially the same as is condition
when new and seek a declaration that the first defendant must pay the full cost of reinstating the earthquake damage
to the property or pay the difference between the second defendant's contribution and the full cost (plus interest and
costs). The plaintiffs say the second defendant breached its contractual obligations and seek a declaration that the
deed of assignment is valid and binding on the second defendant and that the plaintiffs are entitled to full replacement
value or a declaration that the second defendant must pay the difference between the first defendant's payment and
the full replacement costs (plus interest and costs).
29/09/2017 TC after 01/02/2020 Stephen Rennie: Rhodes and Co, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Stephanie Corban/Charlotte Lewis:- Hesketh
Henry, Second Defendant
NO
CIV-2017-409-000798 Harrow v Earthquake
Commission and AA Insurance
Limited
General
Proceeding
(Repairs)
Property at Bristol Street, St Albans. Damaged as a result of the Canterbury earthquake sequence. Policy under AA.
The plaintiffs say the first defendant has not identified all earthquake damage to the property and the repair works are
incomplete and defective. The plaintiffs seek a declaration that the first defendant has elected to reinstate the
earthquake damage to the property and that it is liable for the reinstatement of earthquake damage to the standard
required under the EQC Act. The plaintiffs further seek that if the first defendant's claims are deemed to be over cap,
the second defendant is liable to pay the cost incurred by the plaintiffs (plus certain costs and temporary
accommodation).
3/10/2017 Peter Woods/Lisa Taylor: - Anthony Harper,
Plaintiff
[Awaiting Statement of Defence]
YES DISCONTINUED 22/11/2018
CIV-2017-409-000795 Trustees of the Cunningham
Family Trust v AA Insurance
Limited
General
Proceeding
Property at Holly Road, St Albans.Damaged in September 2010 and December 2011. Policy under AA. The plaintiffs
say there is a dispute between them and the defendant as to the scope and cost of reinstatement works. The plaintiffs
seek a declaration that the damage to the property and reinstatement work required are as set out in the expert
reports and the defendant must reinstate the property in accordance with those reports. The plaintiffs also seek
professional fees incurred by the plaintiffs, cost for temporary accommodation and replacement of contents (plus
interest and costs).
29/09/2017 Glen Cooper:- Cavell Leitch, plaintiffs
Alan Sherlock/Anna Barnett - Hesketh
Henry, defendant
YES DISCONTINUED 04/09/2019
Ready List Entry Date: 12/03/2019
CIV-2017-409-000793 Sri Taniwha Limited v Vero
Insurance New Zealand Limited
General
Proceeding
Property at Arundel Rakaia Gorge Road, Ashburton. Damaged in September 2010. Policy under IAG. The plainitff
says the defendant has breached its contract by failing/refusing to provide, and pay the cost as incurred, a repair
strategy which would restore the property to the standard required under the policy. The plaintiff seeks a declaration
that the defendant is liable to pay to the plaintiff the cost of reinstating the property to an as new condition or judgment
for the amount equivalent to the cost of reinstating the property to an as new condition. The plaintiff further seeks
judgment for legal/professional costs, general damages of $25,000 (plus interest and costs) and indemnity costs.
29/09/2017 Fixture, 5 days on 16
March 2020
Stephanie Grieve/Jonathan Forsey: -
Duncan Cotterill, plaintiff
Kiri Harkess:- McElroys, Defendant
NO Ready List Entry Date: 02/05/2019
CIV-2017-409-000791 15 Show Place Limited v IAG
New Zealand Limited
General
Proceeding
(Repairs)
Property at Show Place, Addington. Damaged as a result of Canterbury earthquake sequence. Policy under IAG
assigned from previous owner. The plaintiff says the defendant has breached its contract by denying the plaintiffs
claim, not carrying out the repair works to the standard required under the policy and limiting the plaintiff's entitlement
to indemnity value of the loss. The plaintiff claims an order that the defendant pay to the plaintiff the indemnity value
including interest from the date of the loss to the date of payment, special damages for the cost of reinstatement which
is currently estimated to be $11.3 million and general damages (plus interest and costs).
29/09/2017 TC after 20/01/2020 Helen Smith/Tristan Sage:- Simpson
Grierson,Plaintiff
Caroline Halliday and Brad Cuff: DLA Piper,
Defendant
NO
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-409-000787 Sandford and Pani v AA
Insurance Limited
General
Proceeding
Property at Wairarapa Terrace, Fendalton. Damaged as a result of Canterbury earthquake sequence. Policy under
AA assigned from previous owners. The plaintiffs say the defendant hs breached its policy by denying that the house,
garage, landscaping and services are beyond economic repair. The plaintiffs seek a declaration that that the house,
garage, landscaping and services are beyond economic repair or a declaration that they are not practically repairable
and are to be regarded as a rebuild. Further, that the plaintiffs may rebuild elsewhere and that AA is to pay certain
costs plus alternative accommodation costs of $25,000 (plus costs).
29/09/2017 Peter Woods/Lisa Taylor:- Anthony Harper,
plaintiffs
Alan Sherlock/Anna Barnett:- Heketh Henry,
Defendant
YES DISCONTINUED 27/06/2018
CIV-2017-409-000786 Amuri Dairying Limited v IAG
New Zealand Limited, Vero
Insurance New Zealand Limited,
Lumley General Insurance
(N.Z.) Limited, Allianz New
Zealand Limited and Farmers'
Mutual Group and FMG
Insurancce Limited
General
Proceeding
Property at Amuri Plain, Culverden. Damaged as a result of the Canterbury earthquake sequence. Policy with
defendants. The plaintiff says the defendants are liable to the plaintiff in respect of the damage to the farm buildings
and houses (except to the extent that the plaintiff's claim was settled by EQC). The plaintiff seeks judgment for a sum
to be quantified prior to trial (plus interest and costs).
27/09/2017 Grant Cameron:- GCA Lawyers and Greg
Blanchard QC for Plaintiff
Aaron Sherriff and Edward Greig: - Duncan
Cotterill, First Defendant
Peter Leman and Matthew Booth: - DLA
Piper, Second Defendant
YES DISCONTINUED 24/06/2019
CIV-2017-409-000784 Trustees of the ME & CE
Gabriel Family Trust v
Earthquake Commission and
Vero Insurance New Zealand
Limited
General
Proceeding
(Repairs)
Property at Drayton Drive, Mt Pleasant. Damaged in September 2010, February and June 2011. Policy under Vero.
Plaintiffs assigned rights under insurance policy from previous owners. The plaintiffs say the repairs undertaken by the
first defendant fail to meet the obligations under the EQC Act and seek a declaration that the first defendant has
elected to reinstate the earthquake damage to the property and that the first defendant is liable for the reinstatement of
the damage to the standard required under the EQC Act (plus costs). The plaintiffs say the second defendant has
failed to acknowledge and recognise the record of assignment from the previous owners. The plaintiffs seek
declarations (which include) that the second defendant's claims have been validly assigned to the plaintiffs; that if the
statutory cap applies to the EQC claims, the second defendant is liable to pay the cost incurred by the plaintiffs in
rebuilding/repairing the damaged portion of the property and that the second defendant pays the plaintiffs' alternative
accommodation costs (plus costs).
28/09/2017 TC after 24/01/2020 Peter Woods/Lisa Taylor:- Anthony Harper,
plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Alan Sherlock/Stephanie Corban: - Hesketh
Henry, Second Defendant
NO Ready List Entry Date: 22/02/2018
CIV-2017-409-000783 Nukiwai Pastoral Limited v
Farmers' Mutual Group and
FMG Insurance and IAG New
Zealand Limited
General
Proceeding
Property at Rotherham, North Canterbury. Damaged as a result of the Canterbury earthquake sequence. Policy under
FMG. The plaintiff says the defendants are liable to the plaintiff in respect of the damage to the farm buildings and
houses (except to the extent that the plaintiff's claim was settled by EQC). The plaintiff seeks judgment for a sum to be
quantified prior to trial (plus interest and costs).
27/09/2017 Grant Cameron:- GCA Lawyers, Plaintiff
Peter Leman:- DLA Piper, Defendant
Aaron Sheriff, Duncan Cotterill, Second
Defendant
YES DISCONTINUED 24/06/2019
CIV-2017-409-000775 O'Brien v Earthquake
Commission
General
Proceeding
(Repairs)
Property at Halswell Road, Hoon Hay. Damaged as a result of the Canterbury earthquake sequence. The plaintiff says
the defendant has breached its duty of care by failing to identify all damage caused in the earthquakes, failing to
ensure it prepared or approved a scope of repairs for the house that met its obligations and by failing to ensure the
repairs were carried out adequately and met the obligations under the EQC Act. The plaintiff seeks special damages
in the amount required to repair or rebuild the house to the standard required under the EQC Act (plus damages,
interests and costs).
21/09/2017 Andrew Hooker: - Shine Lawyers, Plaintiff
John Knight: -Chapman Tripp, Defendant
YES DISCONTINUED 11/05/2018
CIV-2017-409-000758 Image v Earthquake
Commission and Southern
Response Earthquake Services
Limited
General
Proceeding
(Repairs)
Property at Amstel Lane, Richmond. Damaged as a result of the Canterbury earthquake sequence.The plaintiff says
the first defendant's scope of works and repair strategy and repairs carried out failed to adequately remediate the
house to the standard required by the EQC Act. The plaintiff seeks judgment for $341,550, repayment of rent paid by
the plaintiff a (plus damages, interest and costs) against the first defendant. The plaintiff says the second defendant
has failed/refused to settle the claims in full. The plaintiff seeks judgment for the cost to reinstate the house less the
first defendant's liability and repayment of rent paid by the plaintiff (plus interest and costs) or a declaration for the
same.
13/09/2017 Jai Moss: - St Asaph Chambers, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Peter Leman:- DLA Piper, Second
Defendant
YES DISCONTINUED 13/06/2019
CIV-2017-409-000756 McMillan and Gommans v
Southern Response Earthquake
Services Limited (Discontinued)
and Earthquake Commission
General
Proceeding
Property at Malcolm Avenue, Beckenham. Damaged in September 2010, February 2011, February 2013 and
February 2016. Policy under AMI. The plaintiffs say the first defendant has failed to meet its obligations under the
policy by offering to pay the plainitffs nothing to settle the plaintiffs' claims. The plaintiffs seek $256,300 for remedial
costs and $30,000 for damages (plus interst and costs) or a declaration that the first defendant is liable to pay those
costs to the plaintiffs. The plaintiffs say the second defendant has failed/refused to make the physical payments to the
plaintiffs. The plaintiffs seek $162,334.22 and $30,000 general damages (plus interest and costs) from the second
defendant.
13/09/2017 Grant Shand:- Grant Shand Barristers and
Solicitors, plainitffs
Caroline Laband/Sara Battersby:- DLA Piper,
First Defendant
Melanie Hayes: - Chapman Tripp, Second
Defendant
YES DISCONTINUED 10/09/2019
CIV-2017-409-000682 Aplin v Earthquake Commission
& AA Insurance Limited
General
Proceeding
Property at Forfar Street. Damaged in September 2010 and February 2011. Policy under AA. The plaintiffs say the
first defendant failed to reinstate the property in a reasonably sufficient manner. The plaintiffs seek a declaration that
the first defendant must pay the full cost of reinstating the earthquake damage and that it must pay the difference
between the difference between the second defendant's contribution to the cost of reinstating the earthquake damage
(plus interest and costs). The plaintiffs say the second defendant has breached its obligations under the policy as it
has refused to accept the full replacement cover under the policy is available to the plaintiffs amongst other breaches.
The plaintiffs seek declarations that the deed of assignment is valid and binding on the second defendant; that the
plaintiffs are entitled to full replacement cover or a declaration that the second defendant must pay the difference
between the first defendant's payment's received and the full replacement costs including loss of rent (plus interest
and costs).
1/09/2017 TC after 27/03/2020 Emily Walton:- Wynn Williams, plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Cecily Brick/Courtney Brooke Fee
Langstone, Second Defendant
NO
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-409-000681 Butler v IAG New Zealand
Limited, Vero Insurance New
Zealand Limited and Allianz New
Zealand Limited
General
Proceeding
Property at Puriri Street, Riccarton. Damaged in the Canterbury earthquake sequence. Policy under IAG, Vero and
Allianz. The plaintiffs say the defendants have wrongfully denied/limited the plaintiffs' rights, title and interest in the
claims and seek a declaration that the plaintiffs as assignees are entitled to full replacement cover under the policy or
judgment against each defendant for their proportionate share of the sum to reinstate the property plus $20,000 for
temporary accommodation (plus costs).
1/09/2017 TC after 01/02/2020 Charlie Haines, Tavendale and Partners,
plaintiffs
Caroline Laband, DLA Piper, Defendants
NO
CIV-2017-409-000680 Mcanulty v Vero Insurance New
Zealand Ltd
General
Proceeding
Property at Longstaffs Road, Halswell. Damaged as a result of the Canterbury earthquake sequence. Policy under
Vero. The plaintiffs say the defendant is in breach of its obligations as it has failed to repair/reinstate the property in
accordance with the policy. The plaintiffs claim judgment for cost to reinstate the property in accordance with the
policy or a declaration for the same (plus interest and costs).
1/09/2017 TC after 01/02/2020 Nathan Lines:- Cuningham Taylor Barristers
& Solicitors, solicitor for the plaintiffs; and
David Jackson, counsel acting for plaintiffs
Cecily Brick, Fee Langstone, Defendant
NO
CIV-2017-409-000678 Oldfield v IAG New Zealand
Limited
General
Proceeding
Property at Neeves Road, Kaiapoi. Damaged as a result of the Canterbury earthquake sequence. Policy under IAG.
The plaintiffs say the defendant has repudiated, or intends to repudiate, the contract for insurance by failing/refusing to
reinstate the property or pay for reinstatement of the property to a condition as it was prior to the earthquake events.
The plaintiffs seek an order that the claim is over the statutory cap; that the repair methodology proposed by EQC
does not meet the standard of repair required by the policy; $312,936.00 for costs to repair the property and damages
to be ascertained (plus interest and costs).
1/09/2017 Tania Hutchinson:- Saunders & Co, solicitors
for the plaintiff
Shane Swinerd/Tim Galland:- DLA Piper.
Defendant
YES DISCONTINUED 23/10/2018
CIV-2017-409-000677 Cassells and Taylor v Vero
Insurance New Zealand Limited
General
Proceeding
Property at Bamfords Road, Christchurch. Damaged as a result of the Canterbury earthquake sequence. Policy under
Vero. The plaintiffs say they were assigned the benefit of the policy from the prior owners and that the defendant has
breached its obligations by failing/refusing to pay the full replacement costs required to reinstate the property. The
plaintiffs seek a declaration that the defendant must pay to the plaintiffs the difference between the EQC payments
received and the full replacement costs for the property (plus interest and costs). For their breach of the obligation of
good faith, the plaintiffs seek general damages of $100,000 (plus interest and costs) against the defendant.
1/09/2017 TC after 28/02/2020 Emily Walton:- Wynn Williams, Plaintiff
Cecily Brick: - Fee Langstone, Defendant
NO
CIV-2017-409-000676 Carr v AA Insurance Limited General
Proceeding
Property at Collins Street, Addington. Damaged between September 2010 and December 2011. Policy under AA.
The plaintiffs say the defendant is obligated to rebuild or repair the property to an as new condition at a cost of
$901,613.05 and seek declarations that the earthquake damage is as described in the expert reports and that the
expert reports set out the reinstatement work required to repair the damage; judgment for professional fees; temporary
accommodation costs and contents replacement costs up to $120,000 (plus costs and interest).
1/09/2017 Susan Dwight:- Cavell Leitch, solicitor for the
plaintiff
Peter Hunt: McElroys, Defendant
Yes DISCONTINUED 08/03/2019
CIV-2017-409-000675 Bartram v Vero Insurance New
Zealand Ltd
General
Proceeding
Property at Peterborough Street, Central Christchurch. Damaged in September 2010 and February 2011. Policy
under Vero assigned from previous owners. The plaintiffs say the defendant is in breach of its contract as it has
refused/failed to reinstate the property to a condition as it was prior to the earthquakes. The plaintiffs seek declarations
that the claim is over statutory cap; that the repair methodology proposed by EQC does not meet the standard of
repair and reinstatement required by the policy; that any repair shall require replacement of the foundation and that the
defendant pay $569,080.22 to repair the property (plus damages to be ascertained, interest and costs).
1/09/2017 Tania Hutchinson:- Saunders & Co, solicitors
for the plaintiff
Peter Hunt/Suzanne Casey:- McElroys,
defendant
YES DISCONTINUED 14/06/2018
CIV-2017-409-000673 Fraher v QBE Insurance
(Australia) Limited
General
Proceeding
(Repairs)
Property at Richard Seddon Drive, Styx. Damaged as a result of the Canterbury earthquake sequence. Policy under
QBE assigned from previous owners. The plaintiff says the defendant has breached its contract by failing/refusing to
reinstate the property to a condition as it was prior to the earthquakes. The plaintiffs seek declarations that the claim is
over statutory cap; that the repairs do not meet the standard of repair and reinstatement required by the policy and
that the defendant pay the current costs to repair the property (plus damages to be ascertained, interest and costs).
1/09/2017 Tania Hutchinson:- Saunders & Co, solicitors
for the plaintiff
Frank Rose:- Keegan Alexander, Defendant
YES DISCONTINUED 13/08/2019
CIV-2017-409-000671 Body Corporate 341154 v Vero
Insurance New Zealand Limited
General
Proceeding
Property at Salisbury Street, Central Christchurch. Damaged in September 2010 and February and December 2011.
Policy under Vero. The plaintiff says the defendant is liable to pay the cost incurred in rebuilding/repairing the
damaged portion of the property and that there is a dispute between the plaintiff and the defendant as to the scope of
the reinstatement work. The plaintiff seeks a declaration that the defendant obligated to pay the cost incurred in
rebuilding/repairing the damaged portion of the property (less EQC's payments), landlords' fixtures and fittings for Unit
5 up to the sum of $20,000 and loss of rent for unit 5 up to the sum of $40,000 (plus interest and costs).
1/09/2017 Fixture - 10 days Susan Dwight:- Cavell Leitch, solicitor for the
plaintiff
Helen Macfarlane/Stephanie Corban: -
Hesketh Henry, defendant
NO Ready List Entry Date: 17/08/2018
CIV-2017-409-000670 Besley v Tower Insurance
Limited
General
Proceeding
Property at Hackthorne Road. Damaged as a result of the Canterbury earthquake sequence. Policy under Tower. The
plaintiffs say the defendant has breached its contract as it refused/failed to repair the property in accordance with its
election. The plaintiffs seek judgment in the sum of the amount to complete the repairs and $155,173.33 being the
costs incurred by the plaintiffs to date to repair the proeprty. The plaintiffs also seek $11,014.88 for the work not
carried out, consequential losses and $35,000 general damages (plus interest and costs)
1/09/2017 Ben Russell- Lane Neave, plaintiffs
M C Smith:- Gilbert Walker, defendant
YES DISCONTINUED 12/12/2018
CIV-2017-409-000669 Drew v Earthquake Commission
& AA Insurance Limited
General
Proceeding
Property at Longfellow Street, Beckenham. Damaged in September 2010 and February 2011. Policy under AA. The
plaintiffs say the first defendant is in breach of its obligations as it has failed to indemnify the plaintiffs as required by
the EQC Act. The plaintiffs seek $115,000 (per earthquake, less any amounts paid to date plus interest and costs)
from the first defendant. The plaintiffs say the second defendant has breached its obligations under the policy by
failing to agree to pay the costs when incurred to reinstate the property. The plaintiffs seek an order for specific
performance or a declaration that the second defendant must pay the cost when incurred to repair the earthquake
damage (plus interest and costs).
4/09/2017 TC after 20/12/2019 Andrew Hooker:- Shine Lawyers, plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Alan Sherlock: - Hesketh Henry, Second
Defendant
NO
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-409-000668 Dunn v Earthquake Commission
& IAG New Zealand Limited
(Discontinued)
General
Proceeding
(Repairs)
Property at Slater Street, Richmond. Damaged as a result of the Canterbury earthquake sequence. Policy under IAG
assigned from previous owners. The plaintiffs say the first defendant's repair works did not meet the standard required
by the EQC Act and seek a declaration that the first defendant must pay the full cost of reinstating the property even if
this is amount to the statutory limit (plus interest and costs). The plaintiffs say the second defendant has refused to
accept that full replacement cover under the policy is available to the plaintiffs and seek declarations that include that
the deed of assignment is valid and binding or that the second defendant must pay to the plaintiffs the difference
between the EQC payments and the full replacement cost for the property (plus interest and costs).
1/09/2017 TC after 13/02/2020 Emily Walton:- Wynn Williams, Plaintiffs
Melanie Hayes:- Chapman Tripp, First
Defendant
Caroline Laband/Sara Battersby:- DLA Piper,
Second Defendant
NO
CIV-2017-409-000667 Weichselbaum v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at David Street, Lyttelton. Damaged as a result of the Canterbury earthquake sequence. Policy under IAG
assigned from previous owners. The plaintiffs say the first defendant has breached its obligations by failing to apply the
correct reinstatement standard in the EQC Act and failed to make a compensation to the plaintiffs to the EQC cap.
The plaintiffs seek $102,830.67 (plus costs and intrerest) from the first defendant. The plaintiffs say the second
defendant is obliged to pay the cost of restoring the property to a condition as nearly as possible to as new. The
plaintiffs seek a declaration that the reinstatement works required to repair the property in accordance with the policy is
described in the SInclair Builders report and price (plus interest and costs).
1/09/2017 Susan Dwight:- Cavell Leitch, solicitor for the
plaintiff
[Awaiting statement of defence]
YES DISCONTINUED 15/02/2018
CIV-2017-409-000666 Body Corporate 335089 v Vero
Insurance New Zealand Limited
General
Proceeding
Property at Salisbury Street, Central Christchurch. Damaged as a result of the Canterbury earthquake sequence.
Policy under Vero. The plaintiff says the defendant is liable to pay the cost incurred in rebuilding/repairing the
damaged portion of the property and that there is a dispute between the parties as to the scope of reinstatement work
required to repair the earthquake damage. The plaintiff seeks a declaration that the defendant is obliged to pay the
cost incurred in rebuilding/repairing the damaged portion of the property (less EQC's payments), landlords' fixtures
and fittings for the tenanted units up to $20,000 and loss of rents for tenanted units up to $40,000 plus judgment for
professional fees incurred (plus interest and costs).
1/09/2017 Fixture - 10 days Susan Dwight:- Cavell Leitch, solicitor for the
plaintiff
Helen Macfarlane/Stephanie Corban: -
Hesketh Henry, defendant
NO Ready List Entry Date: 17/08/2018
CIV-2017-409-000665 Weir v IAG New Zealand Limited
and Bainbridge Homes Limited
and QBE Insurance (Australia)
Limited and Christchurch City
Council
General
Proceeding
(Repairs)
Property at Portchester Street, Aranui. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiffs say the defendant has refused/failed to rebuild the Property in accordance with its election or
agreed to pay for rebuilding works that would achieve this. The plaintiffs claim judgment in the sum of the amount
required to complete the rebuild of the property in accordance with the policy, general damages of $35,000 (plus
interest and costs).
1/09/2017 TC on 02/12/2019 at
4:00pm
Plainitff, Self-Represented
Paul Smith: Duncan Cotterill, Defendant
Scott Galloway, Third Defendant
NO
CIV-2017-409-000664 Young v Earthquake
Commission & IAG New
Zealand Limited (Discontinued)
General
Proceeding
Property at England Street, Linwood. Damaged as a result of the Canterbury earthquake sequence. Policy under IAG.
The plaintiffs say the first defendant is liable to pay to the plaintiffs $113,850 with respect to the events during the
earthquakes and $25,000 general damages (plus interest and costs) against the first defendant. The plaintiffs say the
second defendant seeks a declaration that the plaintiff is entitled to receive a sum equivalent to the cost of repairing
the house from the second defendant (plus costs and interest) against the second defendant.
1/09/2017 Grant Cameron/Emily Flaszynski:- GCA
Lawyers, plaintiffs
John Knight/Melanie Hayes - Chapman
Tripp, First Defendant
Peter Leman/Kerry Moor: - DLA Piper,
Second Defendant
YES DISCONTINUED 21/02/2019
CIV-2017-409-000663 Lough v Earthquake
Commission and FMG
Insurance Limited
(Discontinued)
General
Proceeding
(Repairs)
Property at Perry Street, Papanui. Damaged in September 2010 and February 201. Policy under FMG. The plaintiff
says the first defendant has failed/refused to meet its obligations under the policy by offering to pay the plaintiff nothing
to settle the claim. The plaintiff seeks $335,000 from the first defendant to remediate the damage (plus interest and
costs). The plaintiff says the second defendant's work done was/is useless and the house still requires remedial work.
The plaintiff seeks $165,000 (less excess plus interest and costs) from the second defendant.
1/09/2017 Grant Shand/Andrew Ferguson:- Solicitor for
the Plaintiffs
Nathaniel Walker, Russell McVeagh, First
defendant
Peter Leman/Matthew Booth: - DLA Piper,
Second defendant
YES DISCONTINUED 26/11/2019
CIV-2017-409-000662 Dewes v IAG New Zealand
Limited and Orange H
Mangement Limited (formally
Hawkins Management Limited
(in receivership and liquidation)
and Orange H Group Limited
(formally Hawkins Group
Limited) and Max Contracts
Limited and QBE Insurance
(Australia) Limited
General
Proceeding
Property at Rata Street, Riccarton. Damaged as a result of Canterbury earthquake sequence. Policy under IAG.The
plaintiffs say the defendant elected to repair the property and has refused/failed to repair the works in accordance with
its election or agree to pay for repair works that would achieve this. The plaintiffs seek judgment in the sum to be
particularised prior to trial, consequential losses, $35,000 general damages (plus interest and costs) against the
defendant.
1/09/2017 Plaintiffs self-represented 3 Oct (formerly
Rebecca Hopkins:- Lane Neave)
Paul McGillivray:- Duncan Cotterill,
Defendant
Richard Smedley, Anthony Harper, Third
Third Party
Scott Galloway, Hazelton Law, Fourth Third
Party
YES TRANSFERRED TO CANTERBURY
EARTHQUAKE INSURANCE TRIBUNAL
11/09/2019
Ready List Entry Date: 13/03/2019
CIV-2017-409-000661 Lake v Vero Insurance New
Zealand Limited
General
Proceeding
Property at Greenpark Street, Hoon Hay. Damaged as a result of Canterbury earthquake sequence. Policy under
Vero. The plaintiffs say the defendant is in breach of its contract as it has failed/refused to agree or pay the costs as
incurred a repair strategy which would restore the property to the condition required by the policy. The plaintiffs seek a
declaration that the defendant is liable to pay the plaintiffs the equivalent of reinstating the property to the same
condition as when new or judgment for the amount equivalent to the cost of reinstating the property to the same
condition and $25,000 general damages (plus interest and costs).
1/09/2017 Stephanie Grieve/Laura McLoughlin-Ware:-
Duncan Cotterill, plaintiffs
Peter Hunt:- McElroys, Defendant
YES DISCONTINUED 10/10/2018
CIV-2017-409-000660 Hobbs v Vero Insurance New
Zealand Limited
General
Proceeding
Property at Middle Road, Ashburton. Damaged in September 2010 and February and December 2011. Policy under
Vero. The plaintiff says the defendant is in breach of its contract as agreed to pay the cost of rebuilding/repairing the
damaged portion of the property and it has failed/refused to provide a repair strategy which would restore the property
to the condition required by the policy. The plaintiff seeks a declaration that the defendant is liable to pay the plaintiffs
the equivalent value of the cost of reinstating the property to the same condition as new or alternatively judgment for
the equivalent to the cost of reinstating the property to the requisite condition and $25,000 general damages (plus
interest and costs).
1/09/2017 Fixture - 8 days after
01/01/2020
Stephanie Grieve/Laura McLoughlin-Ware:-
Duncan Cotterill, plaintiffs
Stephanie Corban: - Defendant
NO Ready List Entry Date: 02/05/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-409-000659 Trustees of the Toosim Family
Trust v IAG New Zealand
Limited
General
Proceeding
(Repairs)
Property at Jacob Street, St Albans. Damaged in September 2010. Policy under IAG. The plaintiffs say they are
entitled to be paid by the defendant for the works necessary to repair/rebuild the property. The plaintiffs seek a
declaration to this effect. Alternatively, the plaintiffs seek damages under the contract of insurance and assignment of
such costs or an indemnity under the contract insurance (plus interest and costs).
1/09/2017 Brian Burke:- Harmans Lawyers, plaintiffs
Rick Hargreaves: Duncan Cotterill,
Defendant
YES JUDGMENT - STRUCK OUT 06/11/2019
CIV-2017-409-000658 Trustees of the Houston Trust v
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Memorial Avenue, Fendalton. Damaged as a result of the Canterbury earthquake sequence. Policy under
AMI. The plaintiffs say the defendant has breached its obligations under the contract of insurance by failing to pay the
cost to rebuild or repair the house. The plaintiffs seek an order that the defendant specifically perform its duties under
the contract by paying the difference between the amount paid by EQC and the amount payable. Alternatively, the
plaintiffs seek special damages to the same amount and general damages of $25,000 (plus interest and costs).
1/09/2017 Chris Boys:- Assure legal, plaintiffs
Peter Leman/Shane Swinerd:-DLA Piper,
Defendant
YES TRANSFERRED TO CANTERBURY
EARTHQUAKE INSURANCE TRIBUNAL
11/07/2019
CIV-2017-409-000657 Steel v AA Insurance Limited General
Proceeding
Property at Clyde Road, Fendalton. Damaged in September 2010 and February 2011. Policy under AA. Plaintiff was
appointed by the High Court as administrator of the estate of the former owner (deceased). The parties have not been
able to agree on the terms of the settlement of the deceased's claim. The plaintiff seeks a declaration that the
defendant is liable to carry out the repairs to the earthquake damage suffered to the property; an order for specific
performance directing the defendant to carry out the repairs to the property; an inquiry to determine the costs of the
required repairs and judgment for sums determined upon inquiry (plus interest and costs).
1/09/2017 Geoff Brodie:- Steel and Co, plaintiff
Alan Sherlock/Anna Barnett:- Hesketh
Henry, Defendant
YES DISCONTINUED 30/07/2019
CIV-2017-409-000656 Jeffs v Earthquake Commission
& IAG New Zealand Limited
General
Proceeding
Property at Trices Road, Prebbleton. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG.The plaintiffs say the first defendant is in breach of its obligations as it has failed to indemnify the plaintiffs to the
standard required by the EQC Act. The plaintiffs seek $115,000 per earthquake (plus interest and costs) against the
first defendant. The plaintiffs say the second defendant has breached its obligations by failing to agree to pay the cost
when incurred to repair the house. The plaintiffs seek an order for specific performance of a declaration that the
second defendant must pay the cost when incurred to repair the damage (plus interest and costs).
1/09/2017 TC after 06/03/2020 Andrew Hooker:- Shine Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Ian Hunt/Meg Gall" Young Hunter, Second
Defendant
NO
CIV-2017-409-000655 AJAX Investments Limited v
Earthquake Commission & AA
Insurance Limited
General
Proceeding
Property at Moule Street, Addington. Damaged in September 2010 and February 2011. Policy under AA. The plaintiff
says the first defendant has breached its obligations by failing to indemnify the plaintiff as required under the EQC Act.
The plaintiff seeks $115,000 (per earthquake, less any amounts paid to date) (plus costs and interest) from the first
defendant. The plaintiff says the second defendant has breached its contract by failing to agree to pay the cost when
incurred to reinstate the house. The plaintiff claims an order for specific performance against the second defendant or
a declaration that the second defendant must pay the cost when incurred to repair the earthquake damage (plus
interest and costs).
1/09/2017 Andrew Hooker/Joanne Kent-Johnston: -
Shine Lawyers, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Peter Hunt:- McElroys, Second Defendant
YES TRANSFERRED TO CANTERBURY
EARTHQUAKE INSURANCE TRIBUNAL
30/09/2019 - consented
CIV-2017-409-000654 Loveridge and Ors v Tower
Insurance Limited and Ors
General
Proceeding
Properties at 52 North Avon Road, Richmond. Damaged as a result of the Canterbury earthquake sequence. Policies
under Tower, IAG and Southern Response. The first plaintiff says the first defendant has failed/refused to settle the
claim in full and seeks a declaration that the first defendant is liable to pay to the first plaintiff the full replacement cost
of remediating the property.Alternatively, a declaratory judgment for certain repair works and judgment for $2500 for
landscaping and $25,000 for temporary accommodation (plus costs). The first plaintiff says the second defendant has
refused/failed to settle the claim in full and seeks a declaration to that effect or a declaratory judgment that the second
defendant will pay the first plaintiff the remediation costs/or undertake certain repairs plus $2000 for garden csts and
$15,000 for temporary accommodation (plus costs). The first plaintiff says the third defendant has refused/failed to
settle the claims in full and seeks a declaration to that effect/or a declaratory judgment that the third defendant will
undertake certain repairs plus $2500 for garden costs and $20,000 for alternative accommodation (plus costs). The
second plaintiffs say the third defendant has failed/refused to settle the claim in full and seeka declaration that the third
defendant is liable to pay to the second plaintiffs the full replacement cost of remediating the house or a declaratory
judgment for certain repair works, plus the reasonable cost of removing the second plaintiffs' contents from one of the
properties and upto six months' rent if the property is uninhabitable (plus costs).
1/09/2017 TC after 01/02/2020 Grant Smith:- Canterbury Legal, solicitor for
plaintiffs; and Jai Moss/Gary Davis, counsel
acting for plaintiffs
Caroline Laband/Vincent Burns:- DLA Piper,
second defendant
Emily Walton/Josh Taylor:- Wynn Williams,
third defendant
NO
CIV-2017-409-000653 Kennedy v Earthquake
Commission(Discontinued) &
IAG New Zealand Limited
General
Proceeding
Property at Studholme Street, Somerfield. Damaged in September 2010 and February 2011. Policy under IAG. The
plaintiff says the first defendant has breached its obligations under the EQC Act as it has failed to indemnify the plaintiff
as required. The plaintiff seeks an order that the first defendant pay damages in the sum of up to $115,000 (per
earthquake plus interest and costs). The plaintiff says the failure by the second defendant to agree to pay the costs
when incurred for reinstatement is a breach of its obligations under the policy. The plaintiff seeks an order for specific
performance against the second defendant or a declaration for the same (plus interest and costs).
1/09/2017 David Kennedy: - Plaitiff, self-represented
Nathaniel Walker, Russell McVeagh, First
Defendant
Rick Hargreaves/Sarah Harris: Duncan
Cotterill, Second Defendant
YES DISCONTINUED 19/07/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-409-000652 GCA Trustees Limited v
Earthquake Commission & IAG
New Zealand Limited and Vero
Insurance New Zealand Limited
General
Proceeding
Property at Taylors Mistake Road, Sumner. Damaged as a result of the Canterbury earthquake sequence. Policy
under IAG. Plaintiffs took a written assignment with the previous vendors insurance claims. The plaintiffs say the
defendants have failed/refused to settle the claims. The plaintiffs seek a maximum sum of $341,550 (or any other sum
decided between the parties/or the Court plus interest and costs) against the first defendant. The plaintiffs seek a
declaration that the second defendants are liable to pay the full replacement cost of rebuilding the home to its when
new condition. Alternatively, the plaintiffs seek a declaratory judgment that the second defendants will undertake
certain repair works and judgment for $50,000 for reinstating the garden, $2,000 as a stress payment, costs of
contents removal and storage and temporary accommodation costs (plus costs).
1/09/2017 Grant Smith:- Canterbury Legal, solicitor for
plaintiffs; and Noor Hamid/Gary Davis,
counsel acting for plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Kerry Moor: - DLA Piper, Second Defendant
YES DISCONTINUED 21/10/2019
CIV-2017-409-000651 Scott v Earthquake Commission
& IAG New Zealand Limited
General
Proceeding
(Repairs)
Property at Port Hills Road, Heathcote Valley. Damaged in September 2010 and February 2011. Policy under AA.
The plaintiffs say the first defendant breached its duty of care as certain repairs do not meet the obligations of the
EQC Act and some repairs have not been carried out. The plaintiffs seek special damages required to repair or rebuild
the house and general damages of $100,000 (plus interest and costs) against the first defendant. The plaintiffs say
the failure by the second defendant to agree to pay the costs when incurred for reinstatement is a breach of its
obligations under the policy. The plaintiffs seek an order for specific performance against the second defendant or a
declaration for the same (plus interest and costs).
1/09/2017 Andrew Hooker:- Shine Lawyers, plaintiffs
[Awaiting statement of defence]
YES TRANSFERRED TO DISTRICT COURT
18/12/2017
CIV-2017-409-000650 Boote v Earthquake
Commission (Discontinued) &
IAG New Zealand Limited
General
Proceeding
Property at Strickland Street, Sydenham. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG assigned from previous owners. The plaintiff says the first defendant's assessments and repairs have not
remediated the house to the correct standard. The plaintiff seeks $227.700 (less payments already made) against the
first defendant (plus interest and costs). The plaintiff says the second defendant has failed/refused to settle the claim
fully. The plaintiff seeks judgment for the cost to reinstate the house to its as new condition or a declaration that the
second plaintiff is liable to pay the full replacement costs of rebuilding the house and $2500 garden costs (plus costs)
against the second defendant.
1/09/2017 Grant Smith:- Canterbury Legal, solicitor for
plaintiffs; and Jai Moss/Zoe Caughey,
counsel acting for plaintiffs
Nathaniel Walker, Russell McVeagh, first
defendant
Paul Smith/Rick Hargreaves:- Duncan
Cotterill, second defendant
YES DISCONTINUED 11/09/2019
CIV-2017-409-000649 Foxwell-Canning and Ingram v
Earthquake Commission and
AA Insurance Limited
General
Proceeding
Property at Geraldine Street, Edgeware. Policy under AA.Damaged as a result of the Canterbury earthquake
sequence. Plaintiffs were assigned residual rights in respect of EQC claims from previous owners. Plaintiffs and
previous owners in process of executing deed of assignment in respect of AA claim. The plaintiffs say the first
defendant has not remediated the house to the correct standard. The plaintiffs seek $341,550 (less payments already
made) from the first defendant (plus interest and costs). The plaintiffs say the second defendant has refused to settle
the claim in full and is thus in breach of its policy. The plaintiffs seek judgment for the cost to reinstate the house to an
as new condition (less EQC's liability) or a declaration for the same (plus interest and costs).
1/09/2017 TC after 01/02/2020 Gary Davis/Jai Moss: St Asaph Chambers,
Plaintiffs
Nathaniel Walker, Russell McVeagh, first
defendant
Cecily Brick: - Fee Langstone, second
defendant
NO
CIV-2017-409-000648 Olson v Earthquake
Commission & AA Insurance
General
Proceeding
Property at Goldey Drive, Scarborough. Damaged as a result of the Canterbury earthquake sequence. Policy under
AA. The plaintiffs say the repair strategy proposed by the first defendant does not remediate the house to the standard
required by the EQC Act. The plaintiffs seek judgment for $113,850 (less payments already made) and general
damages of $10,000 (plus interest and costs) against the first defendant. The plaintiffs say the second defendant has
breached its policy as it has failed/refused to settle the claims in full. The plaintiffs seek judgment for the cost to
reinstate the house or a declaration for the same or a declaration that the second defendant will undertake certain
repairs (plus interest and costs).
1/09/2017 TC after 01/02/2020 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss counsel acting for plaintiffs
Nathaniel Walker, Russell McVeagh, first
defendant
Alan Sherlock/Anna Barnett:- Hesketh
Henry, second defendant
NO
CIV-2017-409-000647 Anderson and Kelly Properties
Limited v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Hereford Street, Central Christchurch. Damaged as a result of the Canterbury earthquake sequence.
Policy under IAG. The plaintiffs say the first defendant's assessment and repairs to the house have not remediated the
house to the correct standard. The plaintiffs seek judgment for $341,550 (less payments already made) and (plus
damages, interest and costs) against the first defendant. The plaintiffs say the second defendant has breached its
policy by obligations as it has failed/refused to settle the claim in full. The plaintiffs seek judgment for the cost to
reinstate the house to an as new condition (less EQC's liability) or a declaration for the same (plus interest and costs)
against the second defendant.
1/09/2017 Andrew Ferguson:- AF Law Ltd, Plaintiffs
Nicole Burt: - Chapmann Tripp, First
Defendant
Matthew Booth/Kerry Moor: - DLA Piper,
Second defendant
YES DISCONTINUED 20/11/2018
CIV-2017-409-000646 Ajax Investments Limited v
Earthquake Commission
(Discontinued) & AA Insurance
Limited
General
Proceeding
Property at Hereford Street, Christchurch. Damaged in September 2010 and February 2011. Policy under AA. The
plaintiff says the first defendant has breached its obligations under the policy by failing to indemnify the plaintiff as
required by the Act. The plaintiff seeks an order that the first defendant pay damages in the sum of $115,000 per
earthquake (less any amounts paid to date, plus costs and interest). The plaintiff says the failure by the second
defendant to agree to pay the cost when incurred to reinstate the house to the standard as set out in the policy. The
plaintiff seeks an order for specific performance against the second defendant or a declaration for the same (plus
costs and interest).
1/09/2017 JSC and Fixture -8 days
after 21/08/2020
Andrew Hooker:- Shine Lawyers, plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Peter Hunt, Emily Ferguson: - McElroys,
Second Defendant
NO
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-409-000645 Karm Investments Limited v
Earthquake Commission
(Discontinued) & IAG New
Zealand Limited
General
Proceeding
Property at Pacific Road, New Brighton. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The previous owners and the plaintiff entered into a deed of assignment assigning the claims to the plaintiffs. The
plaintiffs say the first defendant's scope of works will not repair the house to the standard required under the EQC Act.
The plaintiffs seek $337,077.13 (less payments already made plus interest and costs) from the first defendant. The
plaintiffs say the second defendant has breached its obligations under the policy as it has failed/refused to settle its
claim in full. The plaintiffs seek judgment for the cost to reinstate the house (less the first defendant's liability) or a
declaration to the same. Alternatively, the plaintiffs seek a declaratory judgment that the second defendant will
undertake certain repair works (plus interest and costs).
1/09/2017 TC after 10/02/2020 Andrew Ferguson: AF Law, Plaintiff
Peter Leman and Kerry Moor, DLA Piper,
Second Defendant
NO
CIV-2017-409-000644 Ajax Investments Limited v AA
Insurance Limited
General
Proceeding
Property at Keyes Road, New Brighton. Damaged in September 2010 and February 2011. Policy under AA. The
plaintiff says the failure by the defendant to reinstate the house to the required standard is a breach of its policy
obligations. The plaintiff seeks an order for specific performance against the defendant or a declaration that the
defendant must reinstate the house to the required standard (plus interest and costs).
1/09/2017 Andrew Hooker:- Shine Lawyers, Plaintiff
Peter Hunt/Michael Cavanaugh: McElroys,
Defendant
YES DISCONTINUED 11/04/2019
CIV-2017-409-000643 SSJ Trading Limited v
Earthquake Commission & IAG
New Zealand
Limited(Discontinued)
General
Proceeding
Property at Suva Street, Upper Riccarton. Damaged in September 2010, February 2011 and December 2011.Policy
under IAG assigned from previous owners. The plaintiff says the first defendant's repair strategy does not remediate
the property to the standard required by the EQC Act and seeks $341,550 (less payments already made) for each
event (plus interest and costs). The plaintiff says the second defendant has breached an implied term in its policy as it
has failed to correctly assess the plaintiff's claim. The plaintiff seeks judgment for cost to reinstate the house or a
declaration that the second defendant is liable to pay to the plaintiff the full replacement cost plus $2500 for
landscaping, $20,000 for temporary accommodation and $1000 for stress payment (plus interest and costs) against
the second defendant.
1/09/2017 Jared Higby:- St Asaph Chambers, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
YES DISCONTINUED 03/10/2019
CIV-2017-409-000642 McMath v Earthquake
Commission (Discontinued),
IAG New Zealand Limited, Vero
Insurance New Zealand Limited,
Lumley General Insurance
(N.Z.) Limited & Allianz New
Zealand Limited
General
Proceeding
Property at Woodbridge Road, Cashmere. Damaged as a result of the Canterbury earthquake sequence. Policy
under defendants. The plaintiffs say the scope of works and repairs undertaken by the first defendant do not
remediate the damage to the home to the standard required by the EQC Act and that the first defendant has
failed/refused to make any payment to the plaintiffs. The plaintiffs seek $113,850 and $10,000 general damages (plus
interest and costs from the first defendant). The plaintiffs say the second defendants are liable to pay the plantiffs for
the cost of repairing/rebuilding the property and seek judgment to this effect plus $25,000 damages (plus interest and
costs).
31/08/2017 Jared Higby:- St Asaph Chambers, plaintiffs
Peter Leman/Matthew Booth: - DLA Piper,
second defendant
YES DISCONTINUED 04/12/2019
CIV-2017-409-000641 Cunningham v Earthquake
Commission & Vero Insurance
New Zealand Limited
(Discontinued)
General
Proceeding
Property at Quinns Road, Christchurch. Damaged as a result of the Canterbury earthquake sequence. Policy under
Vero. The plaintiffs say the first defendant's scope of works, repair strategy and limited payment fail to remediate the
property to the requisite standard. The plaintiffs seek $113,850 and $10,000 general damages (plus interest and
costs) from the first defendant. The plaintiffs say the second defendant has accepted the claim and its assignment but
has refused/failed to settle the claim in full. The plaintiffs seek a declaration that the second defendant is liable to pay
to the plaintiffs the full replacement cost of repairing/rebuilding the home or a declaratory judgment that the second
defendant will carry out certain repairs. The plaintiffs further say that the second defendant has waived the condition
precedent that the plaintiffs incur cost before the claim will be settled. The plaintiffs seek judgment for cost to reinstate
the home (less the first defendant's liability plus interest and costs).
31/08/2017 TC after 01/01/2020 Grant Smith:- Canterbury Legal, solicitor for
plaintiffs; and Jared Higby, counsel acting for
plaintiffs
Stephanie Corban/Alan Sherlock:- Hesketh
Henry, second defendant
NO
CIV-2017-409-000640 Dixon v IAG General
Proceeding
Property at Butts Valley Road, Heathcote Valley. Damaged in September 2010 and February 2011. Policy under IAG.
The plaintiff says the failure by the defendant to agree to pay to reinstate the property to the standard required by the
policy is a breach of its obligations under the policy. The plaintiff seeks an order that the defendant specifically perform
its duties pursuant to the policy by paying the costs when incurred to repair or rebuild the house or a declaration for
the same (plus interest and costs).
1/09/2017 TC after 07/02/2020 Andrew Hooker:- Shine Lawyers, plaintiffs
Geoff Turner: - Duncan Cotterill, Defendant
NO
CIV-2017-409-000639 Harker v Earthquake
Commission & Vero Insurance
New Zealand Limited
General
Proceeding
Property at McBeath Avenue, Hoon Hay. Damaged as a result of the Canterbury earthquake sequence. Policy under
Vero. The plaintiffs say the first defendant's repair strategy does not address the underlying damage and seek
judgment for $113,850 for each claim (less amounts already paid) plus $10,000 general damages (and interest and
costs). The plaintiffs say the second defendant's repair strategy does not address the underlying damage and seek an
order that the second defendant is liable to pay to the plaintiffs the full cost of repairing the home to the policy standard
(less the first defendant's liability) and judgment for professional costs, $12,500 for certain restoration works and
$25,000 for temporary accommodation (plus costs).
31/08/2017 TC after 08/02/2020 self-represented, plaintiffs
Nathaniel Walker, Russell McVeagh, first
defendant
Alan Sherlock/Anna Barnett: - Hesketh
Henry, second defendant
NO
CIV-2017-409-000638 Allsop v Earthquake
Commission & Lumley General
Insurance (N.Z.) Limited
General
Proceeding
Property at Westminster Street, St Albans. Damaged in September 2010 and February 2011. Policy under Lumley.
The plaintiffs say the first defendant has failed to indemnify the plaintiffs as required by the EQC Act and seek
damages of $115,000 (per earthquake plus interest and costs). The plaintiffs say the failure by the second defendant
to agree to pay to reinstate the property to the standard required by the policy is a breach of its obligations under the
policy. The plaintiffs seek an order that the defendant specifically perform its duties pursuant to the policy by paying
the costs when incurred to repair or rebuild the house or a declaration for the same (plus interest and costs).
1/09/2017 TC after 09/02/2020 Robert Allsop/Allison Allsop:- Self-
Represented
Nathaniel Walker, Russell McVeagh, First
Defendant
Laura-McLoughlin-Ware:- Duncan Cotterill,
Second Defendant
NO
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-409-000637 Caliman v Lumley General
Insurance (N.Z.) Limited
General
Proceeding
Property at Chesterfield Mews, Russley. Damaged as a result of the Canterbury earthquake sequence. Policy under
Lumley. The plaintiffs say the defendant has refused to make any payments to the plaintiffs to reinstate all of the
earthquake damage. The plaintiffs seek $458.954.59 against the defendant or a declaration that the defendant is
liable to pay to the plaintiffs the full replacement cost of reinstating the home to the policy standard. The plaintiffs
further seek a declaratory judgment that the defendant will undertake certain repair works (plus interest and costs).
31/08/2017 Noor Hamid St Asaph Chambers, Plaintiffs
Laura McLoughlin-Ware:: - Duncan Cotterill,
defendant
YES DISCONTINUED 28/09/2018
CIV-2017-409-000636 Best v Earthquake Commission
& IAG New Zealand Limited
(Discontinued)
General
Proceeding
(Repairs)
Property at Vancouver Crescent, Wainoni. Damaged as a result of the Canterbury earthquake sequence. Policy
under IAG. The plaintiff states the first defendant failed to indentify all of the earthquake damage before repairs and
failed to repair and complete all of the earthquake damage.The plaintiff seeks a declaration that the first defendant is
liable for the reinstatement of the earthquake damage to the standard required by the EQC Act. The plaintiff further
seeks a declaration that if the statutory cap applies tot he EQC claims, the second defendant is liable to pay the costs
of repairing/rebuilding the house and that the second defendant pays the plaintiff's alternative accommodation costs
(plus costs).
1/09/2017 TC after 28/02/2020 Tim Grimwood / Lisa Taylor: - Anthony
Harper, Plaintiff
Caroline Laband/Caroline Halliday: DLA
Piper, second defendant
NO
CIV-2017-409-000635 Franklin v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Ashgrove Terrace, Cashmere. Damaged in September 2010 and February 2011. Policy under IAG. The
plaintiffs say the first defendant is in breach of its obligations as it has failed to indemnify the plaintiffs as required by
the EQC Act. The plaintiffs seek an order that the first defendant pay damages of $115,000 per earthquake (plus
costs and interest). The plaintiffs say the second defendant has breached its obligations under the policy by failing to
agree to pay the cost when incurred to reinstate the house. The plaintiffs seek an order for specific performance or a
declaration that the second defendant must pay the cost of repairing the house (plus costs and interest).
31/08/2017 TC after 15/02/2020 Andrew Hooker:- Shine Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh, first
defendant
Sara Battersby: - DLA Piper, second
defendant
NO
CIV-2017-409-000634 Kennedy v Earthquake
Commission (Discontinued) &
IAG New Zealand Limited
General
Proceeding
Property at Paparoa Street, Papanui. Damaged in September 2010 and February 2011. Policy under IAG. The
plaintiffs say the first defendant is in breach of its obligations as it has failed to indemnify the plaintiffs as required by
the EQC Act. The plaintiffs seek an order that the first defendant pay damages of $115,000 per earthquake (plus
costs and interest). The plaintiffs say the second defendant has breached its obligations under the policy by failing to
agree to pay the cost when incurred to reinstate the house. The plaintiffs seek an order for specific performance or a
declaration that the second defendant must pay the cost of repairing the house (plus costs and interest).
31/08/2017 TC after 08/05/2020 Andrew Riches and Jessica Manson,
Saunders and Co, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Caroline Halliday:-DLA Piper, Second
Defendant
NO
CIV-2017-409-000633 Beaven v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Highcrest Heights, Westmorland. Damaged in September 2010 and February 2011. Policy under IAG.
The plaintiffs say the first defendant is in breach of its obligations as it has failed to indemnify the plaintiffs as required
by the EQC Act. The plaintiffs seek an order that the first defendant pay damages of $115,000 per earthquake (plus
costs and interest). The plaintiffs say the second defendant has breached its obligations under the policy by failing to
agree to pay the cost when incurred to reinstate the house. The plaintiffs seek an order for specific performance or a
declaration that the second defendant must pay the cost when incurred by the plaintiffs to repair the earthquake
damage (plus costs and interest).
31/08/2017 Andrew Hooker/ Tiffany Sauni - Shine
Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Kerry Moor:DLA Piper, Second Defendant
YES DISCONTINUED 11/06/2019
CIV-2017-409-000632 Gregory v Earthquake
Commission & Tower Insurance
Limited (Discontinued)
General
Proceeding
Property at Kenwyn Avenue, Saint Albans. Damaged in September 2010 and February 2011. Policy under Tower.The
plaintiff says the first defendant is in breach of its obligations as it has failed to indemnify the plaintiff as required by the
EQC Act. The plaintiff seeks an order that the first defendant pay damages of $115,000 per earthquake (less any
amounts paid to date, plus costs and interest). The plaintiff says the second defendant has breached its obligations
under the policy by failing to agree to pay the cost when incurred to reinstate the house. The plaintiff seeks an order
for specific performance or a declaration that the second defendant must pay the cost when incurred by the plaintiff to
repair the earthquake damage (plus costs and interest).
31/08/2017 Andrew Hooker:- Shine Lawyers, Plaintiffs
Melanie Hayes:- Chapman Tripp, First
Defendant
Martin Smith: - Gilbert Walker, second
defendant
YES DISCONTINUED 21/02/2019
CIV-2017-409-000631 Dray v Earthquake Commission
& Tower Insurance Limited
General
Proceeding
Property at Landsdowne Terrace, Cashmere. Damaged in September 2010 and February 2011. Policy under
Tower.The plaintiff says the first defendant is in breach of its obligations as it has failed to indemnify the plaintiff as
required by the EQC Act. The plaintiff seeks an order that the first defendant pay damages of $115,000 per
earthquake (plus costs and interest). The plaintiff says the second defendant has breached its obligations under the
policy by failing to agree to pay the cost when incurred to reinstate the house. The plaintiff seeks an order for specific
performance or a declaration that the second defendant must pay the cost of repairing the house (plus costs and
interest).
31/08/2017 TC after 14/02/2020 Andrew Hooker: - Shine Lawyers, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Morgan Powell: Bell Gully, Second
Defendant
NO
CIV-2017-409-000630 Shyhov v Earthquake
Commission and AA Insurance
Limited (Discontinued)
General
Proceeding
Property at Thornley Place, Woodend. Damaged in September 2010 and February 2011. Policy under AA.The
plaintiffs say the defendant is in breach of its obligations under the policy by failing to agree to pay the cost when
incurred to reinstate the house.The plaintiffs seek an order for specific performance against the defendant or a
declaration that the defendant must pay the cost when incurred by the plaintiffs to repair the earthquake damage (plus
costs and interest).
31/08/2017 Victoria Wood:- Canterbury Community Law,
Plaintiffs
Cecily Brick: - Fee Langstone, second
defendant
Nathaniel Walker, Russell McVeagh,
Chapman Tripp, first defendant
YES DISCONTINUED 09/07/2019
CIV-2017-409-000629 Wilson and Corles v Earthquake
Commission (Discontinued) and
Vero Insurance New Zealand
Limited
General
Proceeding
Property at Walkers Road, Lyttelton. Damaged in September 2010 and February 2011. Policy under Vero.The
plaintiffs say the first defendant is in breach of its obligations as it has failed to indemnify the plaintiffs as required by
the EQC Act. The plaintiffs seek an order that the first defendant pay damages of $115,000 per earthquake (less any
amounts paid to date, plus costs and interest). The plaintiffs say the second defendant has breached its obligations
under the policy by failing to agree to pay the cost when incurred to reinstate the house. The plaintiffs seek an order
for specific performance or a declaration that the second defendant must pay the cost when incurred by the plaintiffs
to repair the earthquake damage (plus costs and interest).
31/08/2017 Andrew Hooker: - Shine Lawyers, Plaintiff
Nathaniel Walker, Russell McVeagh, first
defendant
Anna Barnett:-Hesketh Henry, second
defendant
YES DISCONTINUED 18/07/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-409-000628 Shaskey v AA Insurance Limited General
Proceeding
Property at St Andrews Hill, Mount Pleasant. Damaged in September 2010 and February 2011. Policy under AA. The
plaintiffs say the defendant is in breach of its obligations under the policy by failing to agree to pay the cost when
incurred to reinstate the house. The plaintiffs seek an order for specific performance or a declaration that the
defendant must pay the cost when incurred by the plaintiffs to repair the earthquake damage of (plus costs and
interest).
31/08/2017 Andrew Hooker: - Shine Lawyers, Plaintiff
Peter Hunt: McElroys, Defendant
YES DISCONTINUED 12/07/2019
CIV-2017-409-000627 Drew v Earthquake Commission
and IAG New Zealand Limited
(Discontinued) and Vero
Insurance New Zealand Limited
(Discontinued)
General
Proceeding
Property at Somerfield Street, Somerfield. Damaged in September 2010 and February 2011. Policy under IAG and
Vero.The plaintiffs say the first defendant is in breach of its obligations as it has failed to indemnify the plaintiffs as
required by the EQC Act. The plaintiffs seek an order that the first defendant pay damages of $115,000 per
earthquake (plus costs and interest). The plaintiffs say the second and third defendants have breached their
obligations under the policy by failing to agree to pay the cost when incurred to reinstate the house. The plaintiffs seek
an order for specific performance or a declaration that the second and third defendants must pay the cost of repairing
the house (plus costs and interest).
31/08/2017 TC after 24/01/2020 Andrew Hooker: - Shine Lawyers, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Catherne Jamieson:- Young Hunter, Second
Defendant
NO
CIV-2017-409-000626 Cabana Properties Limited v
IAG New Zealand Limited
General
Proceeding
Property at Barbour Street, Waltham. Damaged in September 2010 and February 2011. Policy under IAG. The
plaintiff says the defendant is in breach of its obligations under the policy by failing to agree to pay the cost when
incurred to reinstate the house. The plaintiff seeks an order for specific performance against the defendant or a
declaration that the defendant must pay the cost of repairing the house (plus costs and interest).
31/08/2017 Andrew Hooker: - Shine Lawyers, Plaintiff
Bridget Read: - Young Hunter, Defendant
YES DISCONTINUED 16/04/2018
CIV-2017-409-000625 Coles v Earthquake
Commission (Discontinued) and
Tower Insurance Limited
General
Proceeding
Property at Kellys Road, Mairehau. Damaged in September 2010 and February 2011. Policy under Tower. The
plaintiff says the first defendant is in breach of its obligations as it has failed to indemnify the plaintiff as required by the
EQC Act. The plaintiff seeks an order that the first defendant pay damages of $115,000 per earthquake (plus costs
and interest). The plaintiff says the second defendant has breached its obligations under the policy by failing to agree
to pay the cost when incurred to reinstate the house. The plaintiff seeks an order for specific performance against the
second defendant or a declaration that the second defendant must pay the cost of repairing the house (plus costs and
interest).
31/08/2017 TC after 18/05/2020 Andrew Hooker: - Shine Lawyers, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Matthew Harris: -Gilbert Walker, Second
Defendant
NO
CIV-2017-409-000624 Vault Enterprises Limited v
Earthquake Commission and
IAG New Zealand Limited
(Discontinued)
General
Proceeding
(Repairs)
Property at Palmers Road, New Brighton. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiff says the repair strategies and partial repairs carried out on behalf of the first defendant have been
inadequate to repair the earthquake damage. The plaintiff seeks $341,550 (plus interest and costs) from the first
defendant. The plaintiff says the second defendant has breached its obligations by not assessing the damage to the
house. The plaintiff seeks judgment for the cost to reinstate the house, or a declaration for the same, $2000 for
landscaping and $15,000 for alternative accommodation (plus interest and costs) from the second defendant.
31/08/2017 Andrew Ferguson:- AF Law, Plainitff
Kate Rouch: Chapman Tripp, First
Defendant
Laura McLoughlin-Ware:- Duncan Cotterill,
Second Defendant
YES DISCONTINUED 06/12/2018
CIV-2017-409-000623 Soper v Lumley General
Insurance (N.Z.) Limited
General
Proceeding
Property at Silvester Street, Woolston. Damaged in September 2010 and February 2011. Policy under Lumley. The
plaintiff says the defendant is in breach of its obligations under the policy by failing to agree to pay the cost to reinstate
the property. The plaintiff seeks an order for specific performance against the defendant or a declaration that the
defendant must pay the cost of repairing the house (plus costs and interest).
31/08/2017 Andrew Hooker: - Shine Lawyers, Plaintiff
Catherine Jamieson: - Young Hunter,
Defendant
YES DISCONTINUED 26/01/2018
CIV-2017-409-000622 McCarthy v Earthquake
Commission (Discontinued) and
Lumley General Insurance
(N.Z.) Limited
General
Proceeding
Property at Waltham Road, Waltham. Damaged in September 2010 and February 2011. Policy under Lumley. The
plaintiff says the first defendant is in breach of its obligations as it has failed to indemnify the plaintiff as required by the
EQC Act. The plaintiff seeks an order that the first defendant pay damages of $115,000 per earthquake (plus costs
and interest). The plaintiff says the second defendant has breached its obligations under the policy by failing to agree
to pay the cost when incurred to repair or rebuild the house. The plaintiff seeks an order for specific performance
against the second defendant or a declaration that the second defendant must pay the cost of repairing the house
(plus costs and interest).
31/08/2017 Andrew Hooker: - Shine Lawyers, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Ian Hunt: - Young Hunter, second defendant
YES DISCONTINUED 19/11/2019
Ready List Entry Date: 26/06/2019
CIV-2017-409-000621 Dray v Earthquake Commission
& Tower Insurance Limited
General
Proceeding
Property at Waltham Road, Waltham. Damaged in September 2010 and February 2011. Policy under Tower. The
plaintiff says the first defendant is in breach of its obligations as it has failed to indemnify the plaintiff as required by the
EQC Act. The plaintiff seeks an order that the first defendant pay damages of $115,000 per earthquake (plus costs
and interest). The plaintiffs say the second defendant has breached its obligations under the policy by failing to agree
to pay the cost when incurred to reinstate the house. The plaintiff seeks an order for specific performance against the
second defendant or a declaration that the second defendant must pay the cost of repairing the house (plus costs and
interest).
31/08/2017 Andrew Hooker: - Shine Lawyers, Plaintiff
John Knight and Richard Hutchison:-
Chapman Tripp, First Defendant
Morgan Powell:- Bell Gully, Second
Defendant
YES DISCONTINUED 18/01/2019
CIV-2017-409-000620 Dray v Earthquake Commission
& Tower Insurance Limited
General
Proceeding
Property at Hopkins Street, Woolston. Damaged in September 2010 and February 2011. Policy under Tower. The
plainitff says the first defendant is in breach of its obligations as it has failed to indemnify the plaintiff as required by the
EQC Act. The plainitff seeks an order that the first defendant pay damages of $115,000 per earthquake (plus costs
and interest). The plaintiffs say the second defendant has breached its obligations under the policy by failing to agree
to pay the cost when incurred to reinstate the house. The plaintiff seeks an order for specific performance against the
second defendant or a declaration that the second defendant must pay the cost of repairing the house (plus costs and
interest).
31/08/2017 TC after 20/12/2019 Andrew Hooker: - Shine Lawyers, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
David Friar: - Bell Gully, Second Defendant
NO
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-409-000619 Alcock v Earthquake
Commission & Vero Insurance
New Zealand Limited
(Discontinued)
General
Proceeding
Property at Pages Road, Wainoni. Damaged as a result of the Canterbury earthquake sequence. Policy under Vero.
The plaintiffs say the first defendant's repair recommendation will not repair the house to the standard required by the
EQC Act. The plaintiffs seek $341,550 (less payments already made plus interest and costs) against the first
defendant. The plaintiffs say the second defendant has breached its policy obligations as it has failed/refused to settle
the claims in full. The plaintiffs seek judgment for the cost to reinstate the house (less EQC's liability) or a declaration
for the same (plus interest and costs).
31/08/2017 TC after 01/03/2020 Chris Boys:-Assure Legal, Plaintiffs
Nathaniel Walker, Russell McVeagh, first
defendant
Fran Darlow: Feelangstone, Second
Defendant
NO
CIV-2017-409-000618 O'Rawe v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Ilam Road, Bryndwr. Damaged in September 2010 and February 2011. Policy under Southern Cross. The
plaintiff says the defendant is in breach of its obligations under the policy by failing to agree to pay the cost when
incurred to reinstate the house. The plaintiff seeks an order for specific performance against the defendant or a
declaration that the defendant must pay the cost when incurred by the plaintiff to repair the earthquake damage (plus
costs and interest).
31/08/2017 Andrew Hooker: - Shine Lawyers, Plaintiff
[Awaiting statement of defence]
YES DISCONTINUED 19/12/2017
CIV-2017-409-000617 Dray v Earthquake Commission
(Discontinued) & Tower
Insurance Limited
General
Proceeding
Property at Stourbridge Street, Spreydon. Damaged in September 2010 and February 2011. Policy under Tower. The
plaintiff says the first defendant is in breach of its obligations as it has failed to indemnify the plaintiff as required by the
EQC Act. The plaintiff seeks an order that the first defendant pay damages of $115,000 per earthquake (plus costs
and interest). The plaintiff says the second defendant has breached its obligations under the policy by failing to agree
to pay the cost when incurred to reinstate the house. The plaintiff seeks an order for specific performance against the
second defendant or a declaration that the second defendant must pay the cost of repairing the house (plus costs and
interest).
31/08/2017 TC after 20/12/2019 Andrew Hooker: - Shine Lawyers, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Morgan Powell: - Bell Gully, Second
Defendant
NO
CIV-2017-409-000616 Hargen v AA Insurance Limited General
Proceeding
Property at Linkwater Way, Parklands. Damaged in September 2010 and February 2011. Policy under AA. The
plaintiff says the defendant is in breach of its obligations under the policy by failing to agree to pay the cost when
incurred to reinstate the house. The plaintiff seeks an order for specific performance against the defendant or a
declaration that the defendant must pay the cost when incurred by the plaintiff to repair the earthquake damage (plus
costs and interest).
31/08/2017 Andrew Hooker: - Shine Lawyers, Plaintiff
Michael Cavanaugh, McElroys, Defendant
YES DISCONTINUED 27/11/2019
Ready List Entry Date: 26/06/2019
CIV-2017-409-000615 Wong v Earthquake
Commission and Medical
Assurance Society New Zealand
Limited
General
Proceeding
Property at Dilworth Street, Riccarton. Damaged in September 2010 and February 2011. Policy under Medical
Assurance Society. The plaintiff say the first defendant is in breach of its obligations as it has failed to indemnify the
plaintiffs as required by the EQC Act. The plaintiffs seek an order that the first defendant pay damages of $115,000
per earthquake (plus costs and interest). The plaintiffs say the second defendant has breached its obligations under
the policy by failing to agree to pay the cost when incurred to reinstate the property. The plaintiffs seek an order for
specific performance against the second defendant or a declaration that the second defendant must pay the cost of
repairing the house (plus costs and interest).
31/08/2017 Andrew Hooker: - Shine Lawyers, Plaintiff
John Knight/Melanie Hayes: - Chapman
Tripp, First Defendant
Olivia du Pont / Charlie Lin: - Minter Ellison,
Second Defendant
YES DISCONTINUED 05/02/2019
CIV-2017-409-000614 Body Corporate Number
3607704 v Vero Insurance New
Zealand Limited
General
Proceeding
Property at Tussock Lane, Ferrymead. Damaged in September 2010 and February 2011. Policy under Vero. The
plaintiff says the defendant is in breach of its obligations under the policy by failing to agree to pay the cost when
incurred to reinstate the property. The plaintiff seeks an order for specific performance against the defendant or a
declaration that the defendant must pay the cost to repair the property (plus costs and interest).
31/08/2017 Fixture - 7 days after
08/05/2020
Andrew Hooker: - Shine Lawyers, Plaintiff
Cecily Brick: - Fee Langstone, defendant
NO
CIV-2017-409-000613 G & A Karamea Limited v
Earthquake Commission and
Lumley General Insurance
(N.Z.) Limited (discontinued)
General
Proceeding
Property at Cranford Street, Saint Albans. Damaged in September 2010 and February 2011. Policy under Lumley.
The plaintiff says the first defendant is in breach of its obligations as it has failed to indemnify the plaintiff as required by
the EQC Act. The plainitff seeks an order that the first defendant pay damages of $115,000 per earthquake (including
costs and interest). The plaintiff says the second defendant is in breach of its obligations under the policy by failing to
agree to pay the cost to reinstate the house. The plaintiff seeks an order for specific performance against the second
defendant or a declaration that the second defendant must pay the cost to repair the earthquake damage (plus costs
and interest).
31/08/2017 Andrew Hooker: - Shine Lawyers, Plaintiff
John Knight/Melanie Hayes: - Chapman
Tripp, First Defendant
YES DISCONTINUED 26/09/2018
CIV-2017-409-000612 Wildberry Properties Limited v
Earthquake Commission and
AA Insurance Limited
General
Proceeding
Property at Worcester Street, Christchurch Central. Damaged in September 2010 and February 2011. Policy under
AA. The plaintiff says the first defendant is in breach of its obligations as it has failed to indemnify the plaintiff as
required by the EQC Act. The plainitff seeks an order that the first defendant pay damages of $115,000 per
earthquake (less any amounts paid to date but including costs and interest). The plaintiff says the second defendant is
in breach of its obligations under the policy by failing to agree to pay the cost when incurred to reinstate the house.
The plaintiff seeks an order for specific performance against the second defendant or a declaration that the second
defendant must pay the cost when incurred by the plainitff to repair the earthquake damage (plus costs and interest).
31/08/2017 TC after 28/02/2020 Mobeena Hills - Shine Lawyers, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Alan Sherlock/Anna Barnett: - Hesketh
Henry, Second Defendant
NO
CIV-2017-409-000611 Thomson v Vero Insurance New
Zealand Limited
General
Proceeding
Property at Creyke Road, Ilam. Damaged as a result of the Canterbury earthquake sequence. Policy under Vero. The
plaintiff says the defendant has breached its policy obligations as it has failed to reinstate the property. The plaintiffs
seek judgment for the cost to reinstate the property in accordance with the policy or a declaration that the defendant is
liable to pay the cost of reinstatement (plus interest and costs).
31/08/2017 YES DISCONTINUED 21/10/2018
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-409-000610 Tither v Earthquake
Commission and Tower
Insurance Limited
General
Proceeding
Property at Cargill Place, Richmond. Damaged in September 2010 and February 2011. Policy under Tower. The
plaintiff says the first defendant is in breach of its obligations as it has failed to indemnify the plaintiff as required by the
EQC Act. The plaintiff seeks an order that the first defendant pay damages of $115,000 per earthquake (including
costs and interest). The plaintiff says the second defendant is in breach of its obligations under the policy by failing to
agree to pay the cost when incurred to reinstate the house. The plaintiff seeks an order for specific performance
against the second defendant or a declaration that the second defendant must pay the cost when incurred by the
pplaintiff to repair the earthquake damage (plus costs and interest).
31/08/2017 Plaintiff now self-represented 26/09/2019
(previously Ingrid Taylor:- Taylor Shaw and
Phil Shamy - Barrister)
Nathaniel Walker, Russell McVeagh, First
Defendant
Matthew Harris:- Gilbert Walker, Second
Defendant
YES DISCONTINUED 10/10/2019
CIV-2017-409-000608 Bickerton v Vero Insurance New
Zealand Limited
General
Proceeding
Property at Weka Street, Fendalton. Damaged as a result of the Canterbury earthquake sequence. Policy under Vero.
The plaintiffs say the defendant has breached its policy obligations as it has failed to reinstate the property. The
plaintiffs seek judgment for the cost to reinstate the property in accordance with the policy or a declaration that the
defendant is liable to pay the cost of reinstatement (plus interest and costs).
31/08/2017 Ben Walker:- Counsel for the plaintiffs
[Awaiting statement of defence]
YES DISCONTINUED 21/10/2018
CIV-2017-409-000607 Drew v Earthquake Commission
& IAG New Zealand Limited v
Ors
General
Proceeding
Property at Worcester Street, Linwood. Damaged in September 2010 and February 2011. Policy under IAG, Vero,
Lumley and Allianz. The plaintiff says the first defendant is in breach of its obligations as it has failed to indemnify the
plaintiff as required by the EQC Act. The plaintiff seeks an order that the first defendant pay damages of $115,000 per
earthquake (less any amounts paid to date, including costs and interest). The plaintiff says the remaining defendants
have breached their obligations under the policy by failing to agree to pay the cost when incurred to reinstate the
house. The plaintiff seeks an order for specific performance against the remaining defendants or a declaration that the
remaining defendants must pay the cost when incurred by the plaintiff to repair the earthquake damage (plus costs
and interest).
31/08/2017 TC after 20/12/2019 Andrew Hooker: - Shine Lawyers, Plaintiff
Nathaniel Walker, Russell McVeagh, first
defendant
Catherine Jamieson: - Young Hunter,
second-fifth defendants
NO
CIV-2017-409-000606 Barry v Vero Insurance New
Zealand Limited
General
Proceeding
Property at Waddell Lane, Avondale. Damaged in February 2011. Policy under Vero. The plaintiffs say the defendant
has breached its obligations under the policy by failing to agree to pay the cost when incurred to reinstate the house.
The plaintiffs seek an order for specific performance against the second defendant or a declaration that the second
defendant must pay the cost when incurred by the plaintiffs to repair the earthquake damage (plus costs and interest).
31/08/2017 Andrew Hooker: - Shine Lawyers, Plaintiff
[Awaiting statement of defence]
YES DISCONTINUED 13/12/2017
CIV-2017-409-000605 Crestwood Trust Limited v
Earthquake Commission and
Vero Insurance New Zealand
Limited
General
Proceeding
Property at Picton Avenue, Riccarton. Damaged in September 2010 and February 2011. Policy under Vero. The
plaintiff says the first defendant is in breach of its obligations as it has failed to indemnify the plaintiff as required by the
EQC Act. The plaintiff seeks an order that the first defendant pay damages of $115,000 per earthquake (less any
amounts paid to date, including costs and interest). The plaintiff says the second defendant has breached its
obligations under the policy by failing to agree to pay the cost when incurred to reinstate the house. The plaintiff seeks
an order for specific performance against the second defendant or a declaration that the second defendant must pay
the cost when incurred by the plaintiff to repair the earthquake damage (plus costs and interest).
31/08/2017 Andrew Hooker: - Shine Lawyers, Plaintiff
Melanie Hayes:- Chapman Tripp, first
defendant
Emily Ferguson: - McElroys, Second
Defendant
YES DISCONTINUED 21/12/2018
CIV-2017-409-000604 Zaitsev v Tower Insurance
Limited
General
Proceeding
Property at Davids Street, Lyttelton. Damaged in September 2010 and February 2011. Policy under Tower. The
plaintiffs say the defendant is in breach of its obligations under the policy by failing to agree to pay the cost when
incurred to reinstate the house. The plaintiffs seek an order for specific performance against the defendant or a
declaration that the defendant must pay the cost of repairing the house (plus $50,000 per plaintiff in damages, costs
and interest).
31/08/2017 Andrew Hooker:- Shine Lawyers, Plaintiffs
Matthew Harris:- Gilbert Walker, defendant
YES DISCONTINUED 03/07/2019
CIV-2017-409-000603 Darby v AA Insurance Limited General
Proceeding
Property at Millbank Lane, Carlton Mill. Damaged in September 2010 and February 2011. Policy under AA. The
plaintiffs say the defendant has breached its policy by failing to exercise the right of election and resiling from its
position that the property should be rebuilt. The plaintiffs seek a declaration that the property is beyond economic
repair and is a rebuild and that the plaintiffs have the right to choose whether the defendant pays to the plaintiffs the
replacement value or proceeds to rebuild the property to an as new condition (plus costs).
31/08/2017 Peter Woods/Lisa Taylor:- Anthony Harper,
plaintiffs
[Awaiting statement of defence]
YES TRANSFERRED TO CANTERBURY
EARTHQUAKE INSURANCE TRIBUNAL
14/10/2019 - consented
CIV-2017-409-000602 Stokes v Earthquake
Commission & AA Insurance
Limited
General
Proceeding
Property at Kimberley Road, Darfield. Damaged in September 2010 and February 2011. Policy under AA. The plaintiff
says the first defendant is in breach of its obligations as it has failed to indemnify the plaintiff as required by the EQC
Act. The plaintiff seeks an order that the first defendant pay damages of $115,000 per earthquake (less any amounts
paid to date, plus costs and interest). The plaintiff says the second defendant has breached its obligations under the
policy by failing to agree to pay the cost when incurred to reinstate the house. The plaintiffs seek an order for specific
performance or a declaration that the second defendant must pay the cost when incurred by the plaintiff to repair the
earthquake damage (plus costs and interest).
31/08/2017 TC after 13/03/2020 Andrew Hooker:- Shine Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Sam Learmonth:- Feelangstone, Second
Defendant
NO
CIV-2017-409-000601 Warren v AA Insurance Limited General
Proceeding
Property at Bottle Lake Drive, Parklands. Damaged in September 2010 and February 2011. Policy under AA.The
plaintiffs say the defendant is in breach of its obligations under the policy by failing to agree to pay the cost when
incurred to reinstate the house.The plaintiffs seek an order for specific performance against the defendant or a
declaration that the defendant must pay the cost when incurred by the plaintiffs to repair the earthquake damage (plus
costs and interest).
31/08/2017 Andrew Hooker:- Shine Lawyers, Plaintiffs
Cecily Brick: - Fee Langstone,Defendant
YES DISCONTINUED 11/09/2018
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-409-000600 Drew Properties Limited v
Earthquake Commission and
IAG New Zealand Limited
(Discontinued)
General
Proceeding
Property at Papanui Road, Papanui. Damaged in September 2010 and February 2011. Policy under IAG. The plaintiff
says the first defendant is in breach of its obligations as it has failed to indemnify the plaintiff as required by the EQC
Act. The plaintiff seeks an order that the first defendant pay damages of $115,000 per earthquake (less any amounts
paid to date, including costs and interest). The plaintiff says the second defendant has breached its obligations under
the policy by failing to agree to pay the cost when incurred to reinstate the house. The plaintiff seeks an order for
specific performance against the second defendant or a declaration that the second defendant must pay the cost
when incurred by the plaintiff to repair the earthquake damage (plus costs and interest).
31/08/2017 TC after 10/01/2020 Andrew Hooker: - Shine Lawyers, Plaintiff
Nathaniel Walker, Russell McVeagh,
Defendant
NO
CIV-2017-409-000599 Jay Michael Van Lent and
Affinity Trust Management
Limited s trustees of the Jaybee
Trust v Earthquake Commission
(Discontinued) and Vero
Insurance New Zealand Limited
General
Proceeding
Property at Titirangi Crescent, Parklands. Damaged in September 2010 and February 2011. Policy under Vero. The
plainitffs say the first defendant is in breach of its obligations as it has failed to indemnify the plaintiffs as required by
the EQC Act. The plainitffs seek an order that the first defendant pay damages of $115,000 per earthquake (less any
amounts paid to date, including costs and interest). The plaintiffs say the second defendant has breached its
obligations under the policy by failing to agree to pay the cost when incurred to reinstate the house. The plaintiffs seek
an order for specific performance against the second defendant or a declaration that the second defendant must pay
the cost when incurred by the plainitffs to repair the earthquake damage (plus costs and interest).
31/08/2017 TC after 31/01/2020 Victoria Wood and Charlotte Rudd,
Community Law, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Sandy Percival:- McElroys, Second
Defendant
NO
CIV-2017-409-000598 Dennis v Vero Insurance New
Zealand Limited
General
Proceeding
Property at Dyers Pass Road, Cashmere. Damaged as a result of the Canterbury earthquake sequence. Policy under
Vero. The plaintiffs say the second defendant has breached its obligations under the policy by denying that the
property should be rebuilt. The plaintiffs seek a declaration that the property is beyond economic repair and is to be
regarded as a rebuild, orders for certain costs including $25,000 for temporary accommodation (plus costs). The
plaintiffs further say that the defendant has breached its duty of good faith and seek general damages for each plaintiff
(plus costs). The plaintiffs say the defendant has breached section 30 of the Consumer Guarantees Act 1993 and
seek general damages for each plaintiff (plus costs).
31/08/2017 Peter Woods/Lisa Taylor:- Anthony Harper,
plaintiffs
Peter Hunt:- McElroys, Defendant
YES DISCONTINUED 23/01/2018
CIV-2017-409-000597 Drew Properties Limited v
Earthquake Commission
(Discontinued) and AA
Insurance Limited
General
Proceeding
Property at William Street, Kaiapoi. Damaged in September 2010 and February 2011. Policy under AA. The plainitff
says the first defendant is in breach of its obligations as it has failed to indemnify the plaintiff as required by the EQC
Act. The plaintiff seeks an order that the first defendant pay damages of $115,000 per earthquake (less any amounts
paid to date, inculding costs and interest). The plaintiff says the second defendant has breached its obligations under
the policy by failing to agree to pay the cost when incurred to reinstate the house. The plaintiff seeks an order for
specific performance against the second defendant or a declaration that the second defendant must pay the cost
when incurred by the plainitff to repair the earthquake damage (plus costs and interest).
31/08/2017 Andrew Hooker: - Shine Lawyers, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Anna Barnett, Hesketh Henry, Second
Defendant
YES DISCONTINUED 24/05/2019
CIV-2017-409-000596 Milavine Limited v Tower
Insurance Limited
General
Proceeding
Property at Brittan Terrace, Lyttelton. Damaged in February 2011. Policy under Tower. The plaintiff says the
defendant has breached its obligations under the policy by failing/refusing to settle the claim by repairing the damage.
The plaintiff seeks a declaration that the first defendant is liable to pay to the plaintiff up to a maximum of $672,078.92
to remediate the damage (plus interest and costs) or judgment for the same.
31/08/2017 Grant Shand:- Solicitor for the plaintiffs
Martin Smith:- Gilbert Walker, defendant
YES DISCONTINUED 29/04/2019
CIV-2017-409-000595 Tiong and Sia v Earthquake
Commission and IAG New
Zealand Limited (Discontinued)
General
Proceeding
(Repairs)
Property at Ilam Road, Hoon Hay. Damaged in February 2011. Policy under IAG. The plaintiffs say the physical repair
work carried out by the first defendant is/was worthless and the house stll requires remedial work. The plaintiffs further
say the rights under the policy with the first defendant were assigned to the plaintiffs by the previous owners and the
defendant has faile to make full payment. The plaintiffs seek $113,850 and $50,000 general damages from the first
defendant (plus interest and costs). The plaintiffs say the second defendant breached its obligations under the policy
by failing to pay to the plaintiffs the cost of remedating the house. The plaintiffs seek $525,000 and $50,000 general
damages from the plaintiff (plus interest and costs) from the second defendant.
31/08/2017 TC after 20/01/2020 Grant Shand: - Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Peter Leman/Matthew Booth: - DLA Piper,
Second Defendant
NO
CIV-2017-409-000594 Middlemiss v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Wilryan Avenue, New Brighton. Damaged in February and June 2011. Policy under Southern
Response.The plaintiffs say the defendant is in breach of its obligations under the policy by failing to agree to pay the
cost when incurred to reinstate the house.The plaintiffs seek an order for specific performance against the defendant
or a declaration that the defendant must pay the cost incurred by the plaintiffs to repair the earthquake damage (plus
costs and interest).
31/08/2017 Andrew Hooker:- Shine Lawyers, Plaintiffs
[Awaiting statement of defence]
YES DISCONTINUED 30/01/2019
CIV-2017-409-000593 Gee v Earthquake Commission
& Vero Insurance New Zealand
Limited
General
Proceeding
Property at Studholme Street, Somerfield. Damaged in September 2010 and February 2011. Policy under Vero. The
plaintiff says the first defendant is in breach of its obligations as it has failed to indemnify the plaintiff as required by the
EQC Act. The plaintiff seeks an order that the first defendant pay damages of $115,000 per earthquake (less any
amounts paid to date, plus costs and interest). The plaintiff says the second defendant has breached its obligations
under the policy by failing to agree to pay the cost when incurred to reinstate the house. The plaintiffs seek an order
for specific performance or a declaration that the second defendant must pay the cost to of repairing the house (plus
costs and interest).
31/08/2017 Andrew Hooker:- Shine Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh, first
defendant
Cecily Brick - Feelangstone, second
defendant
YES TRANSFERRED TO CANTERBURY
EARTHQUAKE INSURANCE TRIBUNAL
3/10/2019 - consented
Ready List Entry Date: 08/02/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-409-000592 Hussaini v Earthquake
Commission and Vero
Insurance New Zealand Limited
General
Proceeding
Property at Sefton Street, Belfast. Policy under Vero. Damaged in September 2010 and February 2011. The plaintiffs
say the first defendant is in breach of its obligations as it has failed to indemnify the plaintiffs as required by the EQC
Act. The plaintiffs seek an order that the first defendant pay damages of $115,000 per earthquake (less any amounts
paid to date, including costs and interest). The plaintiffs say the second defendant has breached its obligations under
the policy by failing to agree to pay the cost when incurred to reinstate the house. The plaintiffs seek an order for
specific performance against the second defendant or a declaration that the second defendant must pay the cost
when incurred by the plaintiffs to repair the earthquake damage (plus costs and interest).
31/08/2017 Andrew Hooker: - Shine Lawyers, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Cecily Brick: - Fee Langstone, Second
Defendant
YES TRANSFERRED TO CANTERBURY
EARTHQUAKE INSURANCE TRIBUNAL
05/11/2019 - consented
CIV-2017-409-000591 Gilbert v AA Insurance Limited General
Proceeding
Property at Geraldine Street, Edgeware. Policy under AA. Damaged in September 2010 and February 2011. The
plaintiff says the failure by the defendant to agree to pay the cost when incurred to reinstate the property is a breach of
its obligations under the policy. The plaintiff seeks an order for specific performance or alternatively a declaration that
the defendant must pay the cost when incurred by the plainitiff to repair the earthquake damage (plus interest and
costs).
31/08/2017 Andrew Hooker: - Shine Lawyers, Plaintiff
Cecily Brick: - Fee Langstone, defendant
YES DISCONTINUED 27/04/2018
CIV-2017-409-000590 Gee v Earthquake Commission
& Vero Insurance New Zealand
Limited
General
Proceeding
Property at Roderick Alleyn Lane, Papanui. Damaged in September 2010 and February 2011. Policy under Vero. The
plaintiffs say the first defendant is in breach of its obligations as it has failed to indemnify the plaintiffs as required by
the EQC Act. The plaintiffs seek an order that the first defendant pay damages of $115,000 per earthquake (less any
amounts paid to date, plus costs and interest). The plaintiffs say the second defendant has breached its obligations
under the policy by failing to agree to pay the cost when incurred to reinstate the house. The plaintiffs seek an order
for specific performance or a declaration that the second defendant must pay the cost when incurred by the plaintiffs
to repair the earthquake damage (plus costs and interest).
31/08/2017 TC after 17/04/2020 Andrew Hooker:- Shine Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Alan Sherlock/Glen Holm-Hansen:- Hesketh
Henry, Second Defendant
NO
CIV-2017-409-000589 Redmond v Earthquake
Commission & Vero Insurance
New Zealand Ltd & IAG New
Zealand Limited
General
Proceeding
Property at Ansons Road, Darfield. Damaged in September 2010 and February 2011. Policy under Vero and IAG.
The plaintiffs say the first defendant is in breach of its obligations as it has failed to indemnify the plaintiffs as required
by the EQC Act. The plaintiffs seek an order that the first defendant pay damages of $115,000 per earthquake (less
any amounts paid to date, plus costs and interest). The plaintiffs say the second and third defendants have breached
their obligations under the policy by failing to agree to pay the cost when incurred to reinstate the house. The plaintiffs
seek an order for specific performance or a declaration that the second and third defendants must pay the cost when
incurred by the plaintiffs to repair the earthquake damage (plus costs and interest).
31/08/2017 Andrew Hooker and Eoin Farrell:- Shine
Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh, first
defendant DISCONTINUED 23 September
2019
Alan Sherlock and Nina Thomson:- Hesketh
Henry, Second Defendant
YES TRANSFERRED TO CANTERBURY
EARTHQUAKE INSURANCE TRIBUNAL
27/09/2019 - consented
CIV-2017-409-000588 Whincops Investments Limited v
Earthquake Commission & AA
Insurance Limited
General
Proceeding
Property at Whincops Road, Halswell. Damaged in September 2010 and February 2011. Policy under AA. The
plaintiff says the first defendant is in breach of its obligations as it has failed to indemnify the plaintiff as required by the
EQC Act. The plaintiff seeks an order that the first defendant pay damages of $115,000 per earthquake (less any
amounts paid to date, plus costs and interest). The plaintiff says the second defendant has breached its obligations
under the policy by failing to agree to pay the cost when incurred to reinstate the house. The plaintiffs seek an order
for specific performance or a declaration that the second defendant must pay the cost when incurred by the plaintiff to
repair the earthquake damage (plus costs and interest).
31/08/2017 TC after 01/02/2020 Karl Robinson, Shine Lawyers, Plainitff
Nathaniel Walker, Russell McVeagh, First
Defendant
Cecily Brick: - Fee Langstone, second
defendant
NO
CIV-2017-409-000587 Parkes v Earthquake
Commission & IAG New
Zealand Limited (Discontinued)
General
Proceeding
Property at Champion Street, Edgeware. Damaged in September 2010 and February 2011. Policy under IAG. The
plaintiff says the first defendant is in breach of its obligations as it has failed to indemnify the plaintiff as required by the
EQC Act. The plaintiff seeks an order that the first defendant pay damages of $115,000 per earthquake ( plus costs
and interest). The plaintiff says the second defendant has breached its obligations under the policy by failing to agree
to pay the cost when incurred to reinstate the house. The plaintiffs seek an order for specific performance or a
declaration that the second defendant must pay the cost when incurred by the plaintiff to repair the earthquake
damage (plus costs and interest).
31/08/2017 TC after 01/05/2020 Andrew Hooker:- Shine Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Kerry Moor - DLA Piper - Second Defendant
NO
CIV-2017-409-000586 Frank v Earthquake
Commission (Discontinued) &
Tower Insurance Limited
General
Proceeding
Property at Waller Terrace, Christchurch Central. Damaged in September 2010 and February 2011. Policy under
Tower. The plaintiff says the first defendant is in breach of its obligations as it has failed to indemnify the plaintiff as
required by the EQC Act. The plaintiff seeks an order that the first defendant pay damages of $115,000 per
earthquake (plus costs and interest). The plaintiff says the second defendant has breached its obligations under the
policy by failing to agree to pay the cost when incurred to reinstate the house. The plaintiff seeks an order for specific
performance or a declaration that the second defendant must pay the cost of repairing the house (plus costs and
interest).
31/08/2017 Andrew Hooker: - Shine Lawyers, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
YES DISCONTINUED 10/07/2019
CIV-2017-409-000585 Levin v Medical Assurance
Society
General
Proceeding
Property at Bretts Road, St Albans. Damaged in September 2010 and February 2011. Policy under Medical
Assurance. The plaintiffs say the defendant is in breach of its obligations under the policy by failing to agree to pay the
cost when incurred to reinstate the house. The plaintiffs seek an order for specific performance against the defendant
or a declaration that the defendant must pay the cost of repairing the house (plus costs and interest).
31/08/2017 TC after 14/02/2020 Andrew Hooker:- Shine Lawyers, Plaintiffs
Andrew Horne/Nick Frith: - Minter Ellison,
Defendants
NO
CIV-2017-409-000584 Hopping v Earthquake
Commission & Vero Insurance
New Zealand
General
Proceeding
Property at Knowles Street, Merivale. Damaged in September 2010 and February 2011. Policy under Vero. The
plaintiff says the first defendant is in breach of its obligations as it has failed to indemnify the plaintiff as required by the
EQC Act. The plaintiff seeks an order that the first defendant pay damages of $115,000 per earthquake (less any
amounts paid to date, plus costs and interest). The plaintiff says the second defendant has breached its obligations
under the policy by failing to agree to pay the cost when incurred to reinstate the house. The plaintiffs seek an order
for specific performance or a declaration that the second defendant must pay the cost when incurred by the plaintiff to
repair the earthquake damage (plus costs and interest).
31/08/2017 TC after 20/12/2019 Andrew Hooker:- Shine Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Anna Barnett, Hesketh Henry, Second
Defendant
NO
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-409-000583 Wildberry Properties Limited v
Earthquake Commission and
AA Insurance Limited (Discon)
General
Proceeding
Property at Wildberry Street, Woolston. Damaged in September 2010 and February 2011. Policy under AA. The
plaintiff says the first defendant is in breach of its obligations as it has failed to indemnify the plaintiff as required by the
EQC Act. The plaintiff seeks an order that the first defendant pay damages of $115,000 per earthquake (less any
amounts paid to date, plus costs and interest). The plaintiff says the second defendant has breached its obligations
under the policy by failing to agree to pay the cost when incurred to reinstate the house. The plaintiff seeks an order
for specific performance or a declaration that the second defendant must pay the cost when incurred by the plaintiff to
repair the earthquake damage (plus costs and interest).
31/08/2017 TC after 31/01/2020 Andrew Hooker:- Shine Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Alan Sherlock/Anna Barnett: - Hesketh
Henry, Second Defendant
NO
CIV-2017-409-000582 McPhail v Earthquake
Commission & IAG New
Zealand Limited (Discontinued)
General
Proceeding
Property at Linwood Avenue, Linwood. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiff says the first defendant's scope of works, repair strategy and limited payment failed to remediate the
house to the standard required by the EQC Act. The plaintiff seeks $227,700 (less payments already made, plus
damages, interest and costs) from the first defendant. The plaintiff says the second defendant has breached its
obligations under the policy by not correctly assessing the plaintiff's claim. The plaintiff seeks $293,745 for the cost of
repair/rebuild of the house from the second defendant, or a declaration for the same, or a declaratory judgment that
the second defendant will carry out certain repair works (plus inerest and costs).
30/08/2017 Jared Higby:- St Asaph Chambers, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Kerry Moor:- DLA Piper, Second Defendant
YES DISCONTINUED 03/12/2019
CIV-2017-409-000581 Wildberry Properties Limited v
Earthquake Commission and
AA Insurance Limited
General
Proceeding
Property at Wildberry Street, Woolston. Damaged in September 2010 and February 2011. Policy under AA. The
plaintiff says the first defendant is in breach of its obligations as it has failed to indemnify the plaintiff as required by the
EQC Act. The plaintiff seeks $115,000 (per earthquake, less any amounts paid to date) from the first defendant (plus
interest and costs). The plaintiff says the second defendant breached its obligations under the policy by failing to agree
to pay the cost when incurred to reinstate the house. The plaintiff seeks an order for specific performance to pay the
cost when incurred to repair the house, or a declaration for the same, against the second defendant (plus interest and
costs).
31/08/2017 TC after 24/01/2020 Andrew Hooker:- Shine Lawyers, Plaintiff
Alan Sherlock/Anna Barnett: - Hesketh
Henry, Defendant
NO
CIV-2017-409-000580 Drew Properties Limited v
Earthquake Commission & AA
Insurance Limited
General
Proceeding
Property at Sandwich Road, Beckenham. Damaged in September 2010 and . Policy under AA. The plaintiffs say the
first defendant is in breach of its obligations as it failed to indemnify the plaintiffs as required by the EQC Act. The
plaintiffs seek an order that the first defendant pay damages of $115,000 (per earthquake, less any amounts paid to
date plus interest and costs). The plaintiff says the second defendant has breached its obligations under the policy by
failing to agree to pay costs incurred to reinstate the house. The plaintiff seeks an order that the second defendant
specifically perform its obligations by paying the cost when incurred or a declaration for the same (plus interest and
costs).
31/08/2017 TC after 28/02/2020 Andrew Hooker:- Shine Lawyers, plaintiffs
Nathaniel Walker, Russell McVeagh, first
defendant
Alen Sherlock/Anna Barnett: - Hesketh
Henry, second defendant
NO
CIV-2017-409-000579 Drew Properties Limited v
Earthquake Commission & AA
Insurance Limited
General
Proceeding
Property at Rogers Street. Waltham. Damaged in September 2010 and February 2011. Policy under AA. The plaintiff
says the first defendant is in breach of its obligations as it failed to indemnify the plaintiff as required by the EQC Act.
The plaintiff seeks an order that the first defendant pay damages of $115,000 (per earthquake, less any amounts paid
to date plus interest and costs). The plaintiff says the second defendant has breached its obligations under the policy
by failing to agree to pay costs incurred to reinstate the house. The plaintiff seeks an order that the second defendant
specifically perform its obligations by paying the cost when incurred or a declaration for the same (plus interest and
costs).
31/08/2017 TC after 09/02/2020 Andrew Hooker:- Shine Lawyers, plaintiffs
Nathaniel Walker, Russell McVeagh, first
defendant
Alan Sherlock/Anna Barnett:- Hesketh
Henry, second defendant
NO
CIV-2017-409-000578 ASI Bach Group Limited v Vero
Insurance New Zealand Limited
General
Proceeding
Property at 101 Cannon Hill Crescent, Mount Pleasant. Damaged as a result of the Canterbury earthquake sequence.
Policy under Vero. The plaintiff says the defendant is in breach of its obligations under the policy by failing/refusing to
approve and pay for a rebuild of the home. The plaintiff seeks $1,877,950 (less any payments made by EQC plus
interest and costs).
28/08/2017 Hamish Evans:- Young Hunter, plaintiff
Peter Hunt:McElroys, Defendant
YES DISCONTINUED 03/12/2018
CIV-2017-409-000552 Ligar Holdings Limited v Tower
Insurance Limited
(Discontinued), AA Insurance
Limited and Southern Response
Earthquake Services Limited
(Discontinued)
General
Proceeding
Properties at Draper Street, Richmond. Damaged in September 2010 and Febrary 2011. Policy under ANZCover
House, AA and Southern Response. The plaintiff says the first defendant has failed/refused to meet its obligations
under the policy with respect to the first two properties as it has not paid the full amount to reinstate the properties
under the policy and seeks a declaration that the first defendant is liable to pay the plaintiff $304,975.29 for the first
property(plus interest and costs) or judgment for the same and $302,405.98 (plus interest and costs) for the second
property. The plaintiff says the second defendant has failed/refused to meet its obligations under the policy because it
has not paid the full amount to reinstate the house and seeks $300,513.26 (plus interest and costs). The plaintiff says
the third defendant has failed/refused to meet its obligations under the policy because it has not paid the full amount to
reinstate the house and seeks $275,237.59 (plus interest and costs).
24/08/2017 Grant Shand:- Solicitor for the plaintiffs
M Smith/H McQueen:- Gilbert Walker, First
Defendant
C Brick and F Darlow: Fee Langstone,
Second Defendant
M Powell and R Morris:- Bell Gully, Third
Defendant
YES DISCONTINUED 25/10/2018
CIV-2017-409-000509 Williamson v Vero Insurance
New Zealand Limited
General
Proceeding
Property at Avonhead Road, Avonhead. Policy under Vero. Damaged in September 2010 and February 2011. The
plaintiffs say the defendant has repudiated the contract of insurance by failing/refusing to reinstate the property to a
condition as it were prior to the earthquake events and by failing to comply with the implied term that it would fulfil its
obligations within a reasonable time and in accordance with the policy. The plaintiffs seek a declaration that the
defendant indemnify the plaintiffs for all material damage suffered to the property by replacing the residential dwelling.
The plaintiffs further seek damages to be ascertained, professional services costs, costs.
28/07/2017 Stephen Rhodes: - Rhodes and CO, Plaintiff
Stephanie Corban: - Hesketh Henry,
Defendant
YES DISCONTINUED 21/11/2019
Ready List Entry Date: 29/04/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-409-000503 Buchan v IAG New Zealand
Limited
General
Proceeding
Property at Garden Road, Fendalton. Policy under IAG. Damaged in September 2010 and February 2011. The
plaintiffs say the defendant has breached an implied term of their insurance contract by unreasonably withholding its
agreement to the plaintiffs undertaking restoration of the property. The plaintiffs seek a declaration that the alternative
strategy is the appropriate methodology to restore the damaged floor slab and foundations and that the defendant is
liable under the policy to indemnify he plaintiffs for the sums reasonably incurred by them in meeting the policy
standard by utilising the alternative strategy. The plaintiffs further seek an order for specific performance, requiring the
defendant to pay the sums to the plaintiffs reasonably incurred in undertaking the necessary work (plus interest and
costs). The plaintiffs further say the defendant was negligent in its duty of care to the plaintiffs and seek special
damages for costs incurred by the plaintiffs and general damages (plus interest and costs).
24/07/2017 Willie Palmer/Kelly Paterson:- Buddle
Findlay, Plaintiff
Caroline Laband/Sophie Merkin: - DLA Piper,
Defendant
YES DISCONTINUED 09/09/2019
Ready List Entry Date: 26/04/2018
CIV-2017-409-000489 Mortlocks Trustees Limited v
Earthquake Commission &
Southern Response Earthquake
Services Limited
General
Proceeding
(Repairs)
Property at Mackworth Street, Woolston. Policy under Southern Response. Damaged in September and December
2010 and February 2011. The plaintiffs say the physical remedial work completed is worthless and the house still
requires remediation of its foundation and associated re-cracking of the interior and exterior and that the first
defendant has refused to make the full physical payment to the plaintiffs. The plaintiffs seek judgment for $150,350.57
of remediation costs (plus damages, interest and costs) . The plaintiffs say the second defendant has breached its
policy obligations by not offering to pay the plaintiffs anything to settle their house claim. The plaintiffs seek judgment
for $290,000 for remedial (plus damages, interest and costs). Alternatively, the plaintiffs seek a declaration that the
second defendant is liable to pay to the plaintiffs the cost of remediating the house to an "as new" condition up to a
maximum of $290,000 (plus damages, interest and costs).
20/07/2017 TC after 01/06/2020 Grant Shand: - Plaintiffs
Nathaniel Walker, Russell McVeagh, first
defendant
D J Friar/Morgan Powell: - Bell Gully, second
defendant
NO
CIV-2017-409-000488 Horizon Trust v Earthquake
Commission & Vero Insurance
New Zealand Limited
General
Proceeding
Property at Summit Road, Lansdowne. Policy under Vero. Damaged in September 2010 and February 2011. The
plaintiffs say the first defendant has refused to make the physical payment to the plaintiffs. The plaintiffs seek judgment
for $155,906.21 (plus damages, interest and costs) from the first defendant. The plaintiffs say the second defendant
is liable to pay the economic cost of reinstatement (less the first defendant's liability). The plaintiffs seek $1,013,583 for
reinstatement costs (plus damages, interest and costs) or, alternatively, a declaration that the second defendant is
liable to pay to the plaintiffs $1,013,583 for reinstatement costs (plus damages, interest and costs).
20/07/2017 Karl Robinson, Shine Lawyers - Plaintiffs
Nathaniel Walker, Russell McVeagh, first
defendant
Cecily Brick:- Fee Langstone, Second
Defendant
YES TRANSFERRED TO CANTERBURY
EARTHQUAKE INSURANCE TRIBUNAL
13/11/2019
CIV-2017-409-000478 Stackhouse v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Redfern Street, Northwood. Damaged in September 2010. Policy under AMI. The plaintiff says the
defendant would be in breach of its policy if it proceeded with the proposed repairs as it is less than what is required
by the policy and that by maintaining its position, the defendant is manifesting an intention to breach its contract with
the plaintiffs. The plaintiffs also say the defendant has breached its duty to act with utmost good faith in respect to its
dealings with the plaintiff and it has breached an implied term of its contract by failing to fulfil its obligations to act in
accordance with the Policy within a reasonable time. The plaintiffs seek an order that the defendant is required to pay
the current cost of repairing the property being $562,091 (plus damages, interest and costs).
14/07/2017 Tania Hutchinson:- Saunders & Co, Counsel
for plaintiff
David Friar/Morgan Powell:- Bell Gully,
Defendant
YES DISCONTINUED 04/04/2019
CIV-2017-409-000476 Colquhoun v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at London Street, Lyttelton. Damaged in September 2010 and February 2011. Policy under IAG. The
plaintiff says EQC has failed to indemnify the plaintiff as required by Earthquake Commission Act 1993 and failing to
restore the house as required in order to meet its obligations under the Act. The plaintiff seeks an order that EQC pay
damages in the sum of $115,000 (plus interest and costs). The plaintiff says the second defendant breached its
obligations under the policy by failing to agree to pay costs when incurred. The plaintiffs seek an order that the second
defendant specifically perform its duties pursuant to the policy or alternatively a declaration that the second defendant
must pay the costs when incurred by the plaintiff to repair the earthquake damage (plus interest and costs).
14/07/2017 Nathaniel Walker, Russell McVeagh, First
Defendant
Peter Leman/Jeremy Thomson: - DLA Piper,
second defendant
YES TRANSFERRED TO CANTERBURY
EARTHQUAKE INSURANCE TRIBUNAL
1/11/2019 - consented
CIV-2017-409-000475 Colquhoun v Earthquake
Commission & IAG New
Zealand Limited (Discontinued)
General
Proceeding
Property at Corson Avenue, Beckenham. Damaged in February 2011. Policy under IAG. The plaintiff says EQC has
failed to indemnify the plaintiff as required by Earthquake Commission Act 1993 and failing to restore the house as
required in order to meet its obligations under the Act. The plaintiff seeks an order that EQC pay damages in the sum
of $115,000 (plus interest and costs). The plaintiff says the second defendant breached its obligations under the
policy by failing to agree to pay costs when incurred. The plaintiffs seek an order that the second defendant
specifically perform its duties pursuant to the policy or alternatively a declaration that the second defendant must pay
the costs when incurred by the plaintiff to repair the earthquake damage (plus interest and costs).
14/07/2017 Andrew Hooker:- Shine Lawyers, plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Laura McLoughlin-Ware:-Duncan Cotterill,
Second Defendant
YES DISCONTINUED 08/07/2019
CIV-2017-409-000469 Drew v Earthquake Commission
& AA Insurance Limited
(Discontinued)
General
Proceeding
Property at Norwood Street, Beckenham. Damaged in September 2010 and February 2011. Policy under AA. The
plaintiff says EQC has failed to indemnify the plaintiff as required by Earthquake Commission Act 1993 and has
breached its obligations by failing to restore the house as required. The plaintiff seeks an order that EQC pay
damages in the sum of $115,000 (per earthquake) less any amounts paid to date (plus interest and costs). The
plaintiff says the failure by the second defendant to agree to pay the cost when incurred to reinstate the house is a
breach of its obligations under the policy. The plaintiff seeks an order that the second defendant specifically perform its
obligations under the policy by paying the costs when incurred to repair the house or alternatively a declaration that
the second defendant must pay the cost when incurred by the plaintiff to repair the damage according to the scope of
repairs (plus interest and costs).
12/07/2017 Claudia Leighs: Shine Lawyers, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Stephanie Corban/Charlotte Lewis: Second
Defendant
YES DISCONTINUED 19/06/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-409-000461 McEvedy v IAG New Zealand
Limited
General
Proceeding
Property at Quinns Road, Shirley. Damaged in September 2010 and February 2011. Policy under IAG. The plaintiffs
say the defendant has breached its obligations by failing to agree to pay the cost to reinstate the house. The plaintiffs
seek an order that the defendant specifically perform its duties pursuant to the policy by paying the cost to repair the
house (when incurred) as per the scope of repairs, or alternatively, a declaration that the defendant must pay the cost
when incurred by the plaintiffs to repair the earthquake damage according to the scope of repairs (plus interest and
costs).
10/07/2017 Andrew Hooker:- Shine Lawyers, plaintiffs
Caroline Laband: DLA Piper, defendant
YES DISCONTINUED 21/11/2018
CIV-2017-409-000459 Gilbert v IAG New Zealand
Limited
General
Proceeding
Property at Trices Road, Prebbleton. Damaged in September 2010. Policy under IAG. The plaintiffs say the defendant
has breached its obligations by failing to agree to pay the cost to reinstate the house. The plaintiffs seek an order that
the defendant specifically perform its duties pursuant to the policy by paying the cost to repair the house (when
incurred) as per the scope of repairs, or alternatively, a declaration that the defendant must pay the cost when
incurred by the plaintiffs to repair the earthquake damage according to the scope of repairs (plus interest and costs).
10/07/2017 JSC after 12/11/2019 Andrew Hooker:- Shine Lawyers, plaintiffs
Laura McLoughlin-Ware:-Duncan Cotterill,
Defendant
NO Ready List Entry Date: 20/02/2019
CIV-2017-409-000449 Yan v IAG New Zealand Limited General
Proceeding
Properties at Colombo Street, Christchurch. Damaged as a result of the Canterbury earthquake sequence. Policy
under IAG. The plaintiffs say the defendant has failed/neglected to pay the amount of loss or damage or estimated
costs of restoring the business assets to the requisite standard and that the defendant has failed/neglected to adjust
the specified sum as recorded in each policy renewal by the relevant consumer price index for each annual renewal.
The plaintiffs seek rectification of the policy to provide that the sum insured for the buildings for the periods 15
December 2009 and 15 December 2010 and 15 December 2010- 15 December 2011 were the 2011 specified sum
(plus costs) and judgment for cost of restoring each business asset to the requisite condition (to be quantified at trial,
plus interest and costs). The plaintiff also seeks a declaration that upon restoring/replacing the properties the plaintiff
will become entitled to payment from the defendant under the policy (plus costs) and interest on the amounts payable
under the policy for wrongful delay, or damages in the amount of interest on the further amounts payable for wrongful
delay (plus costs).
30/06/2017 Fixture - 8 days after
01/02/2020
Paul Cowey/Alex Summerlee:- ParryField
Lawyers, plaintiffs
Vanessa Ma:- Duncan Cotterill, Defendant
NO
CIV-2017-409-000447 Wilson v Lumley General
Insurance (N.Z) Limited
General
Proceeding
Property at Bassett Street, Burwood. Damaged as a result of the Canterbury earthquake sequence. Policy under
Lumley. The plaintiff says the defendant is liable under the policy to the plaintiff for costs incurred to repair or rebuild
the home in excess of EQC's liability for full replacement value to allow the plaintiff to remediate the property. The
plaintiff seeks a declaration to this effect in addition to judgment for landscaping costs, temporary accommodation,
stress payment and costs.
30/06/2017 Grant Smith:- Solicitor for the plaintiffs; and
Jai Moss/Arezou Nobari, counsel acting for
plaintiffs
Caroline Laband/Richard Tosh: - DLA
Piper,Defendant
YES DISCONTINUED 21/11/2018
CIV-2017-409-000442 Yan v IAG New Zealand Limited General
Proceeding
Properties at Riccarton Road, Riccarton. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiffs say the defendant has failed/neglected to pay the amount of loss or damage or estimated costs of
restoring the business assets to the requisite standard and that the defendant has failed/neglected to adjust the
specified sum as recorded in each policy renewal by the relevant consumer price index for each annual renewal. The
plaintiffs seek rectification of the policy to provide that the sum insured for the buildings for the periods 1 February
2010- 1 February 2011 and 1 February 2011-1 February 2012 was the 2011 specified sum (plus costs) and judgment
for cost of restoring each business asset to the requisite condition (to be quantified at trial) (plus interest and costs).
30/06/2017 Fixture - 8 days after
01/02/2020
Paul Cowey/Alex Summerlee:- ParryField
Lawyers, plaintiffs
Rob Coltman/Jamin Tomlinson: - Duncan
Cotterill, Defendant
NO Ready List Entry Date: 28/03/2019
CIV-2017-409-000441 Robeade Holdings Limited v
Chubb Insurance New Zealand
Limited & Lloyd's of London
Limited
General
Proceeding
Property at Ferry Road, Christchurch. Damaged as a result of the Canterbury earthquake sequence. Policy under
Chubb and Lloyd's of London. The plaintiff says the defendants are in breach of their policy obligations by
refusing/failing to pay for the required repair works and to pay for the professional costs. The plaintiffs seek a
declaration that each of the defendants are liable to pay to the plaintiff fifty percent of the cost of the repair works and
professional fees up to the sum of $1,798,000 (plus interest and costs).
30/06/2017 G J Ryan:- White Fox & Jones, plaintiff
[Awaiting statement of defence]
YES DISCONTINUED 10/11/2017
CIV-2017-409-000413 Bayley v Vero Insurance New
Zealand Limited
General
Proceeding
Property at Armagh Street, Christchurch. Damaged as a result of Canterbury earthquake sequence. Policy under
Vero. The plaintiffs say the defendant has breached its policy obligations by failing and neglecting to quantify and pay
to the plaintiffs the plaintiffs' insurance entitlements under the policy in respect of damage caused to the building. The
plaintiffs seek judgment in the sum of $2,791,100 (plus GST) for material loss (plus interest and costs) from the
defendant.
6/06/2017 TC after01/02/2020 Simon Johnston and Craig Stevens : -
Meares Williams, Plaintiffs
Cecily Brick: - Fee Langstone, Defendant
NO Ready List Entry Date: 27/02/2019
CIV-2017-409-000398 TBNB Investment Limited v
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Beauford Place, Parklands. Damaged in February 2011. Policy under AMI. The plaintiff says the
defendant is liable to pay to the plaintiff $562,228.91 (repair cost less EQC payment) but the defendant has offered to
pay a cash settlement of $187,557.88. The plaintiff says the defendant has breached its obligations. The plaintiff
seeks judgment for reinstatement costs of $562,228.91 (plus interest and costs) or alternatively, a declaration that the
defendant is liable to the plaintiff for the cost of reinstating the house to an "as new" condition up to a maximum of
$562,228.91 (plus interest and costs).
9/06/2017 Grant Shand:- Solicitor for the plainitff
D J Friar/M A Powell:- Bell Gully, Defendant
YES DISCONTINUED 21/05/2018
CIV-2017-409-000397 McCormack v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Rocking Horse Road, Southshore. Damaged in September 2010 and February 2011. Policy under AMI.
The plaintiff says the defendant has failed to make its insurer's election within a reasonable time and has breached its
obligations under the policy. The plaintiff seeks judgment for reinstatement costs of $496,399 (plus damages, interest
and costs) or alternatively, declaration that the defendant is liable to the plaintiff for the cost of reinstating the house to
an "as new" condition up to a maximum of $496,399 (plus damages, interest and costs).
9/06/2017 Peter Woods/Lisa Taylor: - Anthony Harper-
Solicitor for the plainitff
D J Friar/M A Powell:- Bell Gully, Defendant
YES DISCONTINUED 07/03/2018
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-409-000380 Reed v IAG New Zealand
Limited
General
Proceeding
(Repairs)
Property at Dallington Street, Dallington. Damaged in September 2010 and February 2011. Policy under IAG. The
plaintiffs say the repairs arranged, managed, approved, supervised and paid for by the defendant fail to meet the
standard under the policy and further work is required to reinstate the house to the standard under the policy. The
inadequate repairs constitute a breach of the defendant's obligations under the policy. The plaintiffs seek an order that
the defendant specifically perform its duties pursuant to the policy by paying the cost to repair the house or
alternatively damages in the sum of $889,138.00 representing the cost to repair the house to the requisite standard
(plus interest and costs).
2/06/2017 TC after 28/02/2020 Mobeena Hills/Andrew Hooker:- Shine
Lawyers, plaintiff
Paul McGillivray: - Duncan Cotterill,
defendant
NO
CIV-2017-409-000378 Walker v Tower Insurance
Limited
General
Proceeding
Property at Beachville Road, Redcliffs. Damaged as a result of the Canterbury earthquake sequence. Policy under
Tower. The plaintiff says the defendant has breached its obligations by refusing to pay or accept that full replacement
cover under the policy is available to the plaintiffs; by electing to make a cash payment only for the indemnity value of
the property less the EQC payments received and refusing to pay the value of the building works required to reinstate
the property to the requisite standard under the policy. The plaintiffs seek declarations that (pursuant to the
assignments) the plaintiffs are entitled to full replacement value under the policy and are not limited to present day
value cover only, reimbursement of the plaintiffs; expert fees incurred and general damages (plus costs) or a judgment
representing the difference between the full replacement value of the property and the EQC payments received,
reimbursement of the plaintiffs; expert fees incurred and general damages (plus costs).
2/06/2017 TC after 01/02/2020 R J Hargreaves:- Solicitor for plaintiffs; and C
R Johnstone, counsel acting for plaintiffs
Caroline Laband and Vincent Burns:- DLA
Piper, counsel for defendant
NO
CIV-2017-409-000338 Geerin v Earthquake
Commission
General
Proceeding
Property at Oxley Avenue, Saint Albans. Damagedin February 2011. Policy under AMI. The plaintiffs say the first
defendant has failed to indemnify the plaintiffs as required by Earthquake Commission Act 1993 and has thus
breached its obligations. The plaintiffs seek an order that the first defendant pays damages in the sum of $115,000
less any amounts paid to date and an order that the first defendant pays damages for land damage (plus interest and
costs). The plaintiffs say the failure by the second defendant to agree to pay the costs to carry out the works is a
breach of its obligations under the policy. The plaintiffs seek an order that the second defendant specifically perform its
duties under the Policy by paying the costs when incurred to repair or rebuild the house or alternatively a declaration
that the second defendant must pay the costs incurred by the plaintiffs to repair the earthquake damage.
25/05/2017 Mobeena Hills:- Shine Lawyers, plaintiff
John night/Sarah Kettani: - Chapman Tripp,
First defendant
Emily Walton:- Wynn Wlliams, Second
Defendant
YES DISCONTINUED 06/05/2019
CIV-2017-409-000334 O'Hara-Safanov v Earthquake
Commission
General
Proceeding
Property at Port Hills Road, Heathcote. Damaged in September 2010 and February 2011. The plaintiff says the
defendant has failed/refused to settle the plaintiff’s claim by payment or reinstatement to the extent liable under
Earthquake Commission Act 1993. The plaintiff seeks a declaration that the natural disaster damage to the land
needs to be addressed, judgment in the sum of the current cost to repair the plaintiff’s land (plus interest and costs) or
a declaration that the defendant is liable to pay the cost of repair to remediate the land and judgment in the sum of the
cost to remediate the land (plus interest and costs).
23/05/2017 Plaintiff self-represented
John Knight:- Counsel for first defendant
YES DISCONTINUED 27/05/2019
CIV-2017-409-000323 Campbell v FMG Insurance
Limited
General
Proceeding
Property at 104 Aorangi Road, Bryndwr. Damaged in September 2010 and February 2011. Policy under FMG. The
plaintiffs say the defendant has failed/refused to meet its policy obligations by failing to pay a valid claim within a
reasonable time and has failed/refused to meet its obligations under the Fair Insurance Code by failing to settle all valid
claims quickly and fairly. The plaintiffs seek judgment for $414,851.41 (plus interest and costs) or a declaration that
the defendant is liable to pay to the plaintiffs the cost of remediating the house to an as new condition up to a
maximum of $414,851.44 (plus interest and costs).
19/05/2017 Grant Shand:- Solicitor for the plainitffs
Peter Leman/Matthew Booth:- DLA Piper,
counsel for defendant
YES DISCONTINUED 12/08/2019
CIV-2017-409-000315 Crosland and Whiteman v
Earthquake Commission
(Discontinued) and IAG New
Zealand Limited (Discontinued)
General
Proceeding
Property at Rookwood Avenue, New Brighton. Damaged in September 2010 and February 2011. Policy under IAG.
The plaintiffs say the repairs carried out by the first defendant are inadequate and the house still requires the rebuilding
of its foundations. The plaintiffs seek judgment for $170,679.51 (plus damages, interest and costs) from the first
defendant. The plaintiffs say the second defendant breached its obligations under the policy by offering to pay the
plaintiffs nothing to settle their claim. The plaintiffs seek a declaration that the second defendant is liable to pay to the
plaintiffs up to $429,320.49 to remediate the damage or a judgment for reinstatement costs of $429,320.49 (plus
interest and costs).
12/05/2017 Grant Shand:- Solicitor for the plainitffs
Nathaniel Walker, Russell McVeagh, first
defendant
Laura McLoughlin-Ware: Duncan Cotterill,
second defendant
YES DISCONTINUED 29/05/2019
CIV-2017-409-000310 Counihan v Earthquake
Commission (Discontinued) and
IAG New Zealand Limited
General
Proceeding
Property at Woodham Road, Linwood. Damaged as a result of the Canterbury earthquake sequence. Policy under
IAG. The plaintiffs say the first defendant has failed/refused to make any payment to the plaintiffs to enable them to
rebuild or repair their home. The plaintiffs seek judgment for $113,850 (plus damages, interest and costs) from the
first defendant. The plaintiffs say the second defendant has failed/refused to make any payments to the plaintiffs. The
plaintiffs seek judgment for the cost to reinstate the house less the first defendant’s liability or a declaration that the
second defendant is liable to pay to the plaintiffs the full replacement cost of rebuilding the home to an as new
condition (less the first defendant’s liability) plus landscaping, alternative accommodation, stress payment, damages,
interest and costs from the second defendant.
12/05/2017 Jared Higby, St Asaph Chambers, plaintiffs
Nathaniel Walker, Russell McVeagh, for first
defendant
Catherine Jamieson:- Young Hunter, second
defendant
Yes DISCONTINUED 25/06/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-409-000301 Nadan v Earthquake
Commission & IAG
General
Proceeding
Property at Cobham Street, Spreydon. Damaged in September 2010 and February 2011. Policy under Lumley. The
plaintiffs say the first defendant have failed to indemnify the plaintiffs in relation to the house. The plaintiffs seek an
order the first defendant pay damages in the sum of $115,000 per earthquake (plus damages, interest and costs).
The plaintiffs say the second defendant has breached its obligations under the policy by failing to agree to pay to
reinstate the property to the standard required under the policy. The plaintiffs seek an order that the second defendant
specifically perform its duty pursuant to the policy by paying the costs when incurred or a declaration that the second
defendant must pay the cost of repairing the house (plus interest and costs).
10/05/2017 Andrew Hooker/Mobeena Hills:- Shine
Lawyers, plaintiff
Chris Hlavac:- Young Hunter, second
defendant
YES DISCONTINUED 12/06/2019
CIV-2017-409-000299 Janssens v IAG New Zealand
Limited
General
Proceeding
Property at Seafield Place, New Brighton. Damaged in February 2011 and June 2011. Policy under IAG. The plaintiff
says the defendant has breached its policy obligations by failing to agree to pay to reinstate the property to the
standard required by the policy. The plaintiff seeks an order that the defendant specifically perform its duties under the
policy by paying the costs when incurred to repair/rebuild the house to the policy standards or a declaration that the
defendant must pay the cost of repairing the house (plus interest, and costs).
10/05/2017 Mobeena Hills:- Shine Lawyers, plaintiff
Peter Leman/Jeremy Thomson: - DLA Piper,
Defendant
YES DISCONTINUED 30/08/2018
CIV-2017-409-000295 Pucia v Earthquake Commission
(Discontinued) and Tower
Insurance Limited
General
Proceeding
Property at Hoon Hay Road, Hoon Hay. Damaged in February 2011. Policy under Tower. The plaintiffs say the first
defendant is liable to pay to the plaintiff $112,045.93 for dwelling related payments and the first defendant has
failed/refused to make the payment. The plaintiffs seek judgment for $112,045.93 (plus damages, interest and costs)
from the first defendant. The plaintiffs say the second defendant has failed/refused to meet its obligations under the
policy by not making full payment(s) to the plaintiffs to settle the house claim. The plaintiffs seek $569,841.39 (plus
damages, interest and costs) from the second defendant or alternatively a declaration that the second defendant is
liable to pay to the plaintiffs $569,841.39 (plus damages, interest and costs).
9/05/2017 Grant Cameron, GCA Lawyers:- solicitor for
plaintiffs
Nathaniel Walker, Russell McVeagh, first
defendant
Matthew Harris/Sarah Alawi:- Gilbert Walker,
second defendant
YES DISCONTINUED 06/11/2019
Ready List Entry Date: 29/11/2018
CIV-2017-409-000290 Burridge & Davies v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Fifield Terrace, Opawa. Damaged in September 2010 February 2011. Policy under AMI. The plaintiffs say
the defendant has failed/refused to meet its obligations under the policy by proposing a remediation strategy that does
not remediate the house to an as new condition. The plaintiffs seek judgment for $646,222 for remedial costs (plus
damages, interest and costs). Alternatively, the plaintiffs seek a declaration that the defendant is liable to pay to the
plaintiffs the cost of remediating the house to an as new condition up to a maximum of $646,222 (plus damages,
interest and costs).
5/05/2017 Grant Shand:- solicitor for plaintiffs
Emily Walton:- Wynn Williams, counsel for
defendant
YES DISCONTINUED 19/09/2018
CIV-2017-409-000289 Waghorn v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Landy Drive, Dallington. Damaged in September 2010 and February 2011. Policy under AMI. The plaintiff
says the defendant is in breach of its policy obligations as the defendant’s proposed remediation strategy does not
remediate the house to an as new condition. The plaintiff seeks $807,573 for remedial costs and general damages of
$25,000 (plus interest and costs). Alternatively the plaintiff seeks a declaration that the defendant is liable to pay to the
plaintiff the cost of remediating the house to an as new condition up to a maximum of $807,573 (plus damages,
interest and costs).
5/05/2017 Grant Shand:- solicitor for plaintiffs
Peter Leman:- DLA Piper, solicitor for the
defendant
YES DISCONTINUED 15/11/2017
CIV-2017-409-000248 Hepburn v Earthquake
Commission
General
Proceeding
Property at Kellys Road, Mairehau. Damaged in February 201. Policy under Tower. Plaintiffs were assigned all rights
under the insurance claim with EQC from previous owners. The plaintiffs say the first defendant’s scope of works did
not remediate the house to the standard required by Earthquake Commission Act 1993 and that the first defendant
has failed and/or refused to make the full physical payment to the plaintiffs. The plaintiffs seek $113,850 (plus interest
and costs) from the first defendant. The plaintiffs say the second defendant failed and/or refused to meet its
obligations under the policy by failing to offer the plaintiffs anything to settle the claim (in addition to other omissions).
The plaintiffs seek $650,301.94 for reinstatement costs (plus interest and costs), or alternatively, a declaration that the
second defendant is liable to pay to the plaintiffs the cost of reinstating the house up to a maximum of $650,301.94
(plus interest and costs).
19/04/2017 Grant Shand:- solicitor for plaintiffs
Nathaniel Walker, Russell McVeagh, first
defendant
:- DLA Piper, counsel for second defendant
(discontinued 02/10/2019)
YES DISCONTINUED 03/12/2019
CIV-2017-409-000246 Sopoaga v Earthquake
Commission
General
Proceeding
Property at Yarmouth Street, Aranui. Damaged as a result of the Canterbury earthquake sequence. Policy under IAG.
The plaintiffs say the first defendant has failed and/or refused to make any payments to the plaintiffs. The plaintiffs
seek $227,700 and general damages of $25,000 (plus interest and costs) from the first defendant. The plaintiffs say
the second defendant has breached its policy by failing and/or refusing to make any payments to the plaintiff (in
additions to other actions and omissions amounting to a breach of the policy) and that the second defendant has
breached its obligations under the Fair Insurance Code 2016. The plaintiffs seek $580,824.53, or a declaration that
the second defendant is liable to pay the full replacement costs of rebuilding the home (plus stress payment,
alternative accommodation, landscaping, damages, interest and costs) against the second defendant.
13/04/2017 Grant Smith:- solicitor for plaintiffs; and Jai
Moss/, counsel acting for plaintiffs
Chris Hlavac:- Young Hunter, counsel for
secod defendant
YES DISCONTINUED 21/02/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-409-000245 Bonney v Earthquake
Commission and Lumley
(Discontinued)
General
Proceeding
Property at Dunoon Place, Woolston. Damaged as a result of the Canterbury Earthquake sequence. Policy under
Lumley General Insurance (NZ) Limited. The plaintiffs say the first defendant’s repair strategy does not remediate the
home to the standard required by Earthquake Commission Act 1993. The plaintiff seeks $113,850 (less the amounts
already paid or as adjusted after expert appointment and/or expert costing analysis) (plus damages, interest and
costs) from the first defendant. The plaintiff says the second defendant has breached its policy by failing and/or
refusing to make any payment to reinstate the earthquake damage to the home (in addition to other actions and
omissions amounting to a breach of the policy). The plaintiff seeks judgment for costs to reinstate the home, or a
declaration that the second defendant is liable to pay to the plaintiff the full replacement costs of rebuilding the home.
Alternatively, the plaintiff seeks a declaratory judgment to carry out investigations and repair works to the home (plus
interest and costs).
13/04/2017 Grant Smith:- solicitor for plaintiffs; and Jai
Moss/, counsel acting for plaintiffs
[First defendant discontinued]
Aaron Sherriff:- Duncan Cotterill, counsel for
second defendant
YES DISCONTINUED 05/06/2018
CIV-2017-409-000241 Taylor v Earthquake
Commission and Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Connermara Drive, Northwood. Damaged in February 2011. Covered under an AMI policy. Plaintiffs were
assigned all rights under the insurance claim with EQC from previous owners. The plaintiff says the first defendant has
not made full payment to the plaintiffs or previous owners. The plaintiffs seek $113,535.77 (plus interest and costs)
from the first defendant. The plaintiffs say the second defendant has failed and/or refused to meet its obligations under
the Fair Insurance Code by failing to settle the claims fairly and quickly. The plaintiffs seek $535,000 (plus interest and
costs) from the second defendant.
13/04/2017 Grant Shand:- solicitor for plaintiffs
Nathaniel Walker, Russell McVeagh, first
defendant
Peter Leman/Kerry Moor:- Counsel for
second defendant
YES DISCONTINUED 08/08/2019
CIV-2017-409-000232 Wright v Earthquake
Commission
General
Proceeding
Property at Mackworth Street, Linwood. Damaged in September 2010 and February 2011. Covered under an AMI
policy. The plaintiffs say the first defendant has failed to indemnify the plaintiffs as required by Earthquake Commission
Act 1993 and the failure to restore the house as required is a breach of its statutory obligations. The plaintiffs seek an
order that the first defendant pay damages of $115,000 per earthquake (plus interest, and costs). The plaintiffs say
the second defendant breach its obligations under the policy by failing to agree to pay the requisite costs to the
plaintiffs. The plaintiffs seek an order that the second defendant specifically perform its duties, or, alternatively, a
declaration that the second defendant must pay the cost incurred by the plaintiffs to repair the earthquake damage
(according to the scope of repairs) and general damages (plus interest, damages and costs).
11/04/2017 Andrew Hooker/Mobeena Hills;- Counsel for
plaintiffs
John Knight:- Chapman Tripp, Counsel for
first defendant
Caroline Laband:- DLA Piper, Counsel for
second defendant
YES DISCONTINUED 05/11/2018
CIV-2017-409-000218 Patronus Limited v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Wilsons Road, St Martins. Damaged in September 2010 and February 201. Covered under an AMI policy.
The plaintiff says the defendant has breached its obligations to the plaintiff by failing to agree to pay the costs for the
repair or rebuild of the house. The plaintiff seeks an order that the defendant specifically perform its duties by agreeing
to pay the costs when incurred or rebuild the house, or alternatively, a declaration that the defendant must pay the
costs incurred by the plaintiff to repair the damage (plus interest and costs).
7/04/2017 Grant Smith:- solicitor for plaintiffs and Jai
Moss, counsel acting for plaintiffs
Emily Walton/Dylan Pine:- Wynn Williams,
defendants
YES DISCONTINUED 03/11/2017
CIV-2017-409-000217 Van Vuuren v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at De Courcy Place, Avondale. Damaged in February 2011. Covered under an AMI policy. The plaintiffs say
the defendant has breached its obligations to the plaintiffs by failing to pay to the plaintiffs the economic cost of
reinstating the house (less EQC’s payment). The plaintiffs seek, pursuant to two causes of action, judgment for
reinstatement costs of $1,163,866.00 (plus damages, interest and costs) or alternatively, a declaration that the
defendant is liable to pay to the plaintiffs the full replacement cost of reinstating the house to its ‘as new’ condition up
to a maximum of $1,163,866.00 (plus damages, interest and costs).
7/04/2017 Grant Shand:- solicitor for plaintiffs
Emily Walton: - Wynn Williams, defendant
YES DISCONTINUED 19/09/2018
CIV-2017-409-000211 Gale v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Retreat Road, Avonside. Damaged in September 2010, February 2011 and June 2011. Covered under an
AMI policy. The plaintiff says the settlement sum offered by the defendant is a breach of the defendant’s obligations as
the sum does not remediate the house to an ‘as new’ condition. The plaintiff seeks a declaration that the defendant is
liable to pay to the plaintiff up to a maximum of $1,222,967.74 to remediate the damages (plus damages, interest and
costs). Alternatively, the plaintiff seeks judgment for reinstatement costs of $1,222,967.74 (plus damages, interest and
costs).
31/03/2017 Grant Shand:- solicitor for plaintiffs
David Friar/Olivia de Pont- solicitors for the
defendant
YES DISCONTINUED 22/02/2018
CIV-2017-409-000207 Hong v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Overdale Drive, Cashmere. Damaged in September 2010 and February 2011. Covered under an AMI
policy. The plaintiffs say the defendant has breached its obligations by offering to settle the plaintiffs’ claim based on a
remedial strategy and costing that does not repair the house to an ‘as new’ condition and does not appropriately
indemnify the plaintiffs. The plaintiffs seek, pursuant to two causes of action, judgment for $1,000,438.10 for repair
(plus damages, interest and costs) from the defendant or alternatively, a declaration that the defendant is liable to pay
to the plaintiffs the cost of the repair to an ‘as new’ condition up to a maximum of $1,000,438.10 (plus damages,
interest and costs).
30/03/2017 Grant Shand:- solicitor for plaintiffs
Peter Leman/Charlotte Duncan:- DLA Piper,
solicitor for the defendant
YES DISCONTINUED 29/05/2018
CIV-2017-409-000206 Haidar v Earthquake
Commission (Discontinued) and
IAG New Zealand Limited
General
Proceeding
Property at Marshland Road, Shirley. Damaged in September 2010 and February 2011. Covered under an IAG policy.
The plaintiffs say the repair works completed by the first defendant are worthless and the house requires (at least) the
rebuilding of its foundation for which the first defendant has refused to make the necessary physical payment to the
plaintiffs. The plaintiffs seek judgment for $185,626.88 (plus interest, damages and costs) from the first defendant.
The plaintiffs say the second defendant has failed to meet its obligations under the policy by not offering to pay the
plaintiffs anything to settle their house claim. The plaintiffs seek judgment for $537,517.10 (plus damages, interest and
costs) against the second defendant. In the alternative, the plaintiffs seek a declaration that the second defendant is
liable to pay the plaintiffs the costs to restore the house to a condition as nearly as possible equal to its condition when
new up to a maximum of $537,517.10 (plus damages, interest and costs)
28/03/2017 Grant Shand:- solicitor for plaintiffs
Chris Hlavac:- counsel for second defendant
YES DISCONTINUED 28/08/2019
Ready List Entry Date: 27/06/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-409-000157 Oakes v Earthquake
Commission and Tower
General
Proceeding
Property at Birchfield Avenue, Dallington. Damaged in 4 September 2010 and 22 February 2011 earthquakes. Policy
under Tower. The plaintiffs say the repairs carried out by EQC are worthless and the house still requires (at least) the
rebuilding of its foundation and that the first defendant is liable to pay to the plaintiffs the amount it would have cost to
reinstate the property at the time of the occurrence of each event and the first defendant has refused/failed to make
the payment to the plaintiffs. The plaintiffs seek judgment for $159,169.63 for remediation costs and $50,000 for
general damages (plus interest and costs) from the first defendant. The plaintiffs say the second defendant has failed
to meet its obligations under the policy by not offering to pay the plaintiffs anything to settle their house claim. The
plaintiffs seek judgment for $296,996.63 for remediation costs and $50,000 for general damages (plus interest and
costs) from the second defendant. Alternatively, the plaintiffs seek a declaration that the second defendant is liable to
pay these costs to the plaintiffs.
14/03/2017 Grant Shand:- Solicitor for plaintiffs
John Knight:- Chapman Tripp, counsel for
first defendant (DISCONTINUED)
Martin Smith:- Gilbert Walker, counsel for
second defendant
YES DISCONTINUED 11/07/2018
CIV-2017-409-000150 Mt Vision Limited v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Gloucester Street, Christchurch Central. Covered under an AMI policy. Damaged in September 2010,
February 2011 June 2011. The plaintiff says no dwelling related payments have been received from the defendant.
The plaintiff seeks a declaration that the defendant is liable to pay to the plaintiffs the cost to reinstate the house up to
a maximum of $325,000 (plus interest and costs), or alternatively, judgment for remediation costs of $325,000 (plus
interest and costs).
8/03/2017 Grant Shand:- solicitor for plaintiffs
Emily Walton:- Wynn Williams, counsel for
defendant
YES DISCONTINUED 19/07/2017
CIV-2017-409-000149 Carroll v IAG New Zealand
Limited
General
Proceeding
Property at Randall Street, Richmond. Covered under an IAG policy. Damaged in September 2010 and February
2011. The plaintiff says the defendant has refused to meet its obligations under the policy. The plaintiff seeks
$1,081,792.70, (plus damages, interest and costs).
8/03/2017 Grant Shand:- solicitor for plaintiffs
Bridget Read:- Counsel for defendant
Yes DISCONTINUED 28/11/2018
CIV-2017-409-000146 Frank v Earthquake
Commission (Discontinued) &
Tower Insurance Limited
General
Proceeding
(Repairs)
Property at Defoe Place, Waltham. Covered under a Tower policy. Damaged in February 2011. The plaintiff says the
first defendant has breached its obligations under Earthquake Commission Act 1993 as it has failed to indemnify the
plaintiff as required by the Act in relation to the house. The plaintiff seeks an order that the first defendant pay
damages in the sum of up to $115,000 (per earthquake) (plus interest and costs). The plaintiff says the second
defendant’s failure to pay the costs to carry out the repair work is a breach of its obligations under the policy. The
plaintiff seeks an order that the second defendant specifically perform its duties by paying the costs when incurred to
repair or rebuild the house, or alternatively, a declaration that the second defendant must pay the costs incurred by the
plaintiff to repair the earthquake damage (plus interest and costs).
9/03/2017 Andrew Hooker/Mobeena Hills:- Counsel for
plaintiffs
John Knight:- Chapman Tripp:- Counsel for
first defendant
David Friar:- Bell Gully, Counsel for second
defendant
YES DISCONTINUED 24/05/2019
CIV-2017-409-000145 Hay v Earthquake Commission
& Southern Response
Earthquake Services Limited
(Discontinued)
General
Proceeding
(Repairs)
Property at Pamir Street, Mairehau. Covered under an AMI policy. Damaged in September 2010 and February 2011.
The plaintiffs say the first defendant has failed to indemnify the plaintiffs as required by Earthquake Commission Act
1993 and that, by failing to restore the house as required, it has breached its obligations. The plaintiffs seek an order
for $115,000 (plus interest and costs). The plaintiffs say the second defendant breached its obligations under the
policy by failing to agree to pay costs. The plaintiffs seek an order that the second defendant specifically performs its
duties under the policy by paying the costs when incurred for repair or rebuild, or alternatively, a declaration that the
second defendant must pay costs incurred by the plaintiffs to repair the earthquake damage (plus damages, interest
and costs).
9/03/2017 Andrew Hooker/Mobeena Hills:- Counsel for
plaintiffs
John Knight:- Chapman Tripp:- Counsel for
first defendant
Emily Walton:- Wynn Williams:- Counsel for
second defendant
YES DISCONTINUED 07/12/2018
CIV-2017-409-000144 Dray v Earthquake Commission
& Tower Insurance Limited
(Discontinued)
General
Proceeding
(Repairs)
Property at Defoe Place, Waltham. Damaged in February 2011. Policy under Tower. The plaintiff says the first
defendant has failed to indemnify the plaintiff as required by Earthquake Commission Act. The plaintiff seeks an order
that the first defendant pay damages of $115,000 per earthquake (plus interest and). The plaintiff says the defendant
breached its obligations under the Policy by failing to agree to pay costs to carry out repair works. The plaintiff seeks
an order that the second defendant specifically perform its duties by paying the costs when incurred to repair or
rebuild the house. Alternatively, the plaintiff seeks a declaration that the second defendant must pay the cost incurred
by the plaintiff to repair the earthquake damage according to the scope of repairs (plus interest and costs).
9/03/2017 Andrew Hooker/Mobeena Hills;- Counsel for
plaintiffs
Nathaniel Walker, Russell McVeagh,
Counsel for first defendant
David Friar:- Bell Gully, Counsel for second
defendant
YES DISCONTINUED 29/08/2019
Ready List Entry Date: 28/06/2018
CIV-2017-409-000126 Moritzen v Southern Response
Earthquake Services Limited
General
Proceeding
(Repairs)
Property at Flemington Avenue, New Brighton. Covered under an AMI policy. Damaged in unspecified earthquakes.
The plaintiffs say the defendant breached and continues to breach the policy by maintaining that repair of the property
is possible and economical as it has failed to accept the plaintiffs’ right to elect whether to rebuild a new home,
purchase another home or receive a cash payment. The plaintiffs seek a declaration that the plaintiffs are entitled to
rebuild the property to a condition as similar as possible to new and that the defendant must pay costs incurred for
such a rebuild, including costs for temporary accommodation and storage. The plaintiffs further seek any ancillary
declaration the Court deems just as to any identified differences between the parties regarding scope of works
required to rebuild the property and judgments for professional fees incurred by the plaintiffs (plus interest and
incidental costs).
27/02/2017 Jai Moss:- Counsel for the plaintiffs
Emily Walton:- Wynn Willaims, Defendant
YES DISCONTINUED 13/11/2018
CIV-2017-409-000121 Morrison v Vero Insurance New
Zealand Limited
General
Proceeding
Property at Heathcote Street, Woolston. Covered under a Vero policy. Damaged on unspecified dates. The plaintiffs
say the defendant has not taken sufficient steps to settle the claim. The plaintiff seeks the cost to completely remediate
all of the damage to the property (not yet quantified but inclusive of damages and costs) from the defendant.
21/02/2017 Anthony Morrison:- self-representing plaintiff
Peter Hunt/Suzanne Casey:- McElroys,
Counsel for defendant
YES DISCONTINUED 20/04/2019
CIV-2017-409-000118 Body Corporate 377754 v AIG
Insurance New Zealand Limited
General
Proceeding
Property at Ferry Road, Woolston. Covered under an AIG policy. Damaged in September 2010, December 2010,
February 2011, June 2011 and December 2011. The plaintiff says the defendant has not taken sufficient steps to
settle the claim. The plaintiff seeks the cost to remediate all of the damage to the property (not yet quantified but
inclusive of interest and costs) from the defendant.
21/02/2017 TC after 05/02/2020 Glen Ryan and Stuart Stock, White Fox &
Jones, Plaintiff
Anthony Holden:- DAC Beachcroft.
Defendant
NO
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-409-000117 Penfield Properties Limited v
Vero Insurance New Zealand
Limited
General
Proceeding
Property at Sir William Pickering Drive, Burnside. Covered under a Vero policy. Damaged in February 2011. The
plaintiff says the defendant has denied liability and has not taken sufficient steps to settle the claim. The plaintiff seeks
the cost to completely remediate the damage to the property (not yet quantified but inclusive of damages, interest and
costs) from the defendant.
21/02/2017 Brian Burke:- Harmans, Plaintiff
Cecily Brick:- Fee Langstone, Defendant
YES DISCONTINUED 19/12/2018
CIV-2017-409-000116 William Francis Ginivan and
Brett William Reid as trustees of
The Gift Trust v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Thorrington Road, Cashmere. Covered under an AMI policy. Damaged in February 2011. The plaintiffs
say the defendant has not taken sufficient steps to settle the claim. The plaintiffs seek the cost to remediate the
damage to the property (not yet quantified but inclusive of interest and costs) from the defendant.
21/02/2017 TC after 09/02/2020 Glenn Cooper:- Cavell Leitch, Plaintiffs
David Friar:- Bell Gully, Defendant
NO Ready List Entry Date: 10/05/2018
CIV-2017-409-000113 Champion v IAG New Zealand
Limited
General
Proceeding
Property at Mays Road, Saint Albans. Covered under an ASB policy. Damaged in September 2010 and February
2011. The plaintiffs say the defendant has not taken sufficient steps to settle the claim. The plaintiffs seek
$1,462,704.73 (plus alternative accommodation, landscaping, damages and costs) from the defendant.
20/02/2017 Fixture - 8 days - on
16/09/2019
Grant Shand:- Plaintiffs
Catherine Jamieson:- Young Hunter,
Defendant
NO Ready List Entry Date: 29/11/2018
Fixture Date: 16/09/2019
Estimated Hearing Days: 8.0
CIV-2017-409-000112 Wrights Venture Limited v Vero
Insurance New Zealand Limited
General
Proceeding
Property at Sturrocks Road, Redwood. Covered under a Vero policy. Damaged in September 2010, February 2011
and June 2011. The plaintiff says the first defendant breached its policy obligations by failing to agree to indemnify the
plaintiff according to the policy per earthquake. The plaintiff seeks specific performance by the defendant to pay the
costs incurred to reinstate or restore the property up to the sum insured per earthquake event (including interest, costs
and any further relief).
22/02/2017 Andrew Hooker/Mobeena Hills;- Counsel for
plaintiffs
Catherine Jamieson:- Young Hunter, counsel
for the defendant
YES DISCONTINUED 17/10/2017
CIV-2017-409-000111 Renicarl Limited v Earthquake
Commission & FMG Insurance
Limited
General
Proceeding
Property at Quinns Road, Shirley. Covered under a FMG insurance policy. Damaged in September 2010, February
2011 and June 2011. The plaintiff says that the repairs undertaken by the first defendant do not completely remediate
all of the damage to the property and the second defendant has not taken sufficient steps to settle the claim. The
plaintiffs seek $113,850 (plus damages, interest and costs) from the first defendant and the remainder of the over-cap
cost (not yet quantified but inclusive of interest and costs) from the second defendant.
21/02/2017 Grant Smith:- solicitor for plaintiffs; and Jai
Moss/Arezou Nobari/Gary Davis, counsel
acting for plaintiffs
John Knight:- Chapman Tripp, counsel for
the first defendant
Peter Leman:- DLA Piper, Solicitor for the
second defendant (Discontinued)
YES DISCONTINUED 05/12/2017
CIV-2017-409-000110 Young v The Attorney General General
Proceeding
Property at Main Road, Redcliffs. The plaintiff says the Attorney-General, on behalf of Her Majesty the Queen, as
owner of land directly above the plaintiff’s property has breached the duty of care owed to the plaintiff to prevent
wrongful interference with the enjoyment of the plaintiff’s land by not remediating the part of the cliff owned by the
defendant. The plaintiff seeks: an injunction, or a declaration, requiring the defendant to remediate the risk of rock
fall/or cliff collapse, to the standard required to remove the access restriction imposed by section 45 of the previous
Canterbury Earthquake Recovery Act 2011 (which remains in force under sections 87 and 88 of the Greater
Christchurch Regeneration Act 2016); removal of the rock fall and debris already fallen onto the plaintiff’s property, or,
damages ( not yet quantified but including loss of rent, general damages of $25,000, interest and costs).
21/02/2017 Fixture - 5 days - after
29/06/2019
Ngaire Smith:- solicitor for plaintiffs; and Jai
Moss, Plaintiffs
Ken Stephen/Rosa Polaschek:- Crown Law,
Defendant
NO Ready List Entry Date: 31/10/2018
CIV-2017-409-000104 STYD Investments Limited v
QBE Insurance (International)
Limited
General
Proceeding
Property at Maces Road, Bromley. Covered under a QBE policy. Damaged in February 2011, June 2011 and
November 2016. The plaintiff says the defendant has not taken sufficient steps to settle the claim. The plaintiff seeks
$4,938,357 (plus lost rent, costs and emergency repairs) from the defendant.
21/02/2017 Andrea Sumner:- Cameron & Company,
Plaintiff
Craig Langstone: Fee Langstone, Defendant
YES DISCONTINUED 28/11/2018
CIV-2017-409-000103 Argus Heating Limited v QBE
Insurance (International) Limited
General
Proceeding
Property at Maces Road, Bromley. Covered under a QBE policy. Damaged in February 2011 and June 2011. The
plaintiff says the defendant has not taken sufficient steps to settle the claim. The plaintiff seeks $929,167 (plus costs)
from the defendant.
21/02/2017 Andrea Sumner:- Cameron & Company,
Plaintiff
Bradley Acorn:- Fee Langstone, Defendant
YES DISCONTINUED 11/09/2018
CIV-2017-409-000096 Brooking v Earthquake
Commission (Discontinued) &
IAG New Zealand Limited
General
Proceeding
(Repairs)
Property at Mackenzie Avenue, Woolston. Covered under an IAG policy. Damaged in September 2010 and February
2011. The plaintiff says the repair works did not remediate the house to the standard required under Earthquake
Commission Act 1993 and the first defendant is liable to pay the plaintiffs $230,000 (less excess) which the first
defendant has failed/refused to make. The plaintiff seeks $227,700 (plus damages, interest and costs). The plaintiff
says the second defendant has not met its obligations under the policy by not settling the plaintiff’s house claim. The
plaintiff seeks $370,000 from the second defendant (plus damages, interest and costs).
22/02/2017 Grant Shand:- solicitor for plaintiffs
Nathaniel Walker, Russell McVeagh, first
defendant
YES DISCONTINUED 10/06/2019
CIV-2017-409-000093 Velenski v IAG New Zealand
Limited & Earthquake
Commission
General
Proceeding
Property at Anvers Place, Hoon Hay. Covered under a State policy. Damaged in February 2011 and June 2011. The
plaintiffs say the first defendant’s repair strategy is insufficient to completely remediate all of the damage to the property
and the second defendant has not taken steps to settle the claim. The plaintiffs seek $115,000 (plus damages,
interest and costs) from the first defendant and the remainder of the over-cap cost to remediate the damage (not yet
quantified but inclusive of interest and costs) from the second defendant.
16/02/2017 Andrew Hooker/Mobeena Hills;- Counsel for
plaintiffs
Catherine Jamieson:- Young Hunter, counsel
for the second defendant
Marcel Lister, Chapman Tripp: - first
defendant
YES DISCONTINUED 22/02/2019
CIV-2017-409-000084 Gower v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Westminster Street, St Albans. Covered under an AMI policy. Damaged in September 2010 and February
2011. The plaintiffs say the defendant has not taken sufficient steps to settle the claim. The plaintiffs seek an order
that the defendant specifically perform its duties pursuant to the insurance policy by paying the difference between the
maximum payable by Earthquake Commission and the amount payable under the policy (not yet quantified but
inclusive of damages, interest and costs).
13/02/2017 Andrew Hooker/Mobeena Hills:- Counsel for
plaintiffs
Caroline Halliday/Caroline Laband:-
Defendant
YES DISCONTINUED 11/06/2018
CIV-2017-409-000072 Sadat v Earthquake
Commission & Southern
Response Earthquake Services
Limited (Discontinued)
General
Proceeding
Property at Cyclamen Place, Halswell. Covered under an AMI policy. Damaged in September 2010, February 2011
and June 2011. The plaintiffs say the first defendant’s repair strategy is insufficient to completely remediate all of the
damage to the property and the second defendant has not taken steps to settle the claim. The plaintiffs seek
$324,039 (plus damages, interest and costs) from the defendant and the remainder of the over-cap cost (not yet
quantified but inclusive of interest and costs) from the second defendant.
10/02/2017 Grant Smith:- solicitor for plainitffs; Jared
Higby/:- counsel for plaintiffs
John Knight:- Chapman Tripp, counsel for
first defendant
Emily Walton:- Wynn Williams, Counsel for
the second defendant
YES DISCONTINUED 28/01/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-409-000063 Hansen v Earthquake
Commission & Southern
Response Earthquake Services
Limited (Discontinued)
General
Proceeding
Property at Charlesworth Street, Woolston. Covered under an AMI policy. Damaged in unspecified earthquakes. The
plaintiff says the first defendant’s scope of works and repair strategy will not repair the property to the standard
required by Earthquake Commission Act 1993 and that the second defendant has failed to settle the claim in full. The
plaintiff seeks $455,400 or other such sum deemed to be in fulfilment of the first defendant’s liability by the parties
(plus damages, interest and costs). The plaintiff seeks a declaration that the second defendant is liable to pay to the
plaintiff the full replacement cost (less the first defendant’s liability) of reinstating the property; a declaratory judgment
for some repair works (plus interest and costs). In the alternative, the plaintiff says the second defendant has waived
the right to reinstate the property itself and seek a judgment for the cost to reinstate the house including GST,
professional fees, demolition and debris removal (less than the first defendant’s liability) (plus interest and costs).
9/02/2017 self -represented - plaintiffs
John Knight:- Chapman Tripp, Counsel for
first defendant
Peter Leman:- DLA Piper, Counsel for
second defendant
YES DISCONTINUED 24/05/2019
CIV-2017-409-000058 Newlove v Earthquake
Commission (Discontinued) &
Lumley General Insurance
(N.Z.) Limited
General
Proceeding
Property at Strickland Street, Sydenham. Covered under a Lumley policy. Damaged in February 2011 and June 2011.
The plaintiff says the first defendant has failed to indemnify the plaintiff as required by Earthquake Commission Act
1993 and the plaintiff has suffered loss. The plaintiff seeks an order that the first defendant pay damages in the sum of
up to $115,000 per earthquake (including interest, damages and costs). The plaintiff says the failure by the second
defendant to pay costs in relation to the property is a breach of its obligations under the policy and the plaintiff has
suffered loss as a result. The plaintiff seeks an order that the second defendant specifically perform its duty under the
policy by paying the due amount or alternatively, a declaration that the second defendant must pay the cost of
repairing the house (plus interest and costs).
8/02/2017 Fixture - 7 days after
31/01/2020
Andrew Hooker/Mobeena Hills;- Counsel for
plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Simon Connolly:- Duncan Cotterill, Second
Defendant
NO Ready List Entry Date: 04/06/2019
CIV-2017-409-000057 Ross v Lumley General
Insurance (N.Z.) Limited
General
Proceeding
Property at Barrington Street, Spreydon. Covered under a Lumley Policy. Damaged in September 2010 and February
2011. The plaintiff says the failure by the defendant to pay the costs in relation to the property is a breach of its
obligations under the policy. As a result, the plaintiff claims to have suffered loss being the difference between
Earthquake Commission maximum and the amount payable under the policy. The plaintiff seeks an order that the
defendant specifically perform its duty under the policy by paying the due amount or alternatively, a declaration that the
defendant must pay the cost of repairing the house (plus interest and costs).
8/02/2017 Andrew Hooker/Mobeena Hills:- Shine
Lawyers, Plaintiff
Caroline Laband:- DLA Piper, Defendant
YES DISCONTINUED 01/05/2018
CIV-2017-409-000056 Harvey & W F Trustees 2016
Limited v Earthquake
Commission & IAG New
Zealand Limited (Discontinued)
General
Proceeding
(Repairs)
Property at Stratford Street, Merivale. Covered under an IAG policy. Damaged in September 2010, December 2010,
February 2011, June 2011 and December 2011. The plaintiffs say the repairs carried out by the first defendant did not
reinstate the property to the standard required by Earthquake Commission Act 1993. The plaintiffs seek a declaration
that the first defendant is liable to pay to the plaintiffs the cost of completing the required repair works, and such other
works as may be required, in an amount up to its maximum liability under Earthquake Commission Act (plus interest
and costs). The plaintiffs also seek a declaration that the second defendant is liable to pay to the plaintiffs the cost of
completing the required repair works, less the first defendant’s liability (not yet quantified but inclusive of interest and
costs).
7/02/2017 TC after 01/02/2020 Glen Ryan: - White, Fox and Jones- Counsel
for plaintiffs
Nathaniel Walker, Russell McVeagh, first
defendant
Bridget Read:- Young Hunter, second
defendant
NO
CIV-2017-409-000045 Lincoln University v Vero
Insurance New Zealand Limited
v AIG Insurance New Zealand
Limited
General
Proceeding
Two groups of buildings on the property at Ellesmere Junction Road, Lincoln (Lincoln University). Covered under
Vero, AIG, Zurich Australian Insurance Limited, QBE Insurance (Australia) Limited, Chubb Insurance New Zealand
Limited and IAG policy. Damaged in September 2010. Two separate causes of action including damage to property
and business interruption. The plaintiff says the defendants breached the policy by failing to indemnify the plaintiff for
estimated costs and expenses of $96,126,145 and as a result, the plaintiff suffered significant financial losses. With
respect to the first cause of action, the plaintiff seeks: 1) declarations that the defendants must each indemnify the
plaintiff for their respective proportion of the plaintiff’s cost of replacing one group of the properties to the sum of not
less than $89,289,670 and that the defendants must each indemnify the plaintiff for their respective proportion of the
plaintiff’s cost of restoring the other group of the properties to the sum of $96,126,146 and cost of reinstating one
group of the buildings on an indemnity basis in damages to the sum of $21,292,541 (to be apportioned between each
defendant). In the alternative, damages of $96,126,146 (divided by each defendant); Payment of reinstatement costs
already incurred in damages to the sum of $14,573,333 (to be apportioned between each defendant); the indemnity
value of one of the group of buildings in damages to the sum of $11,795,956 (to be divided between each defendant)
or in the alternative damages of $89,289,679 (divided by each defendant). The plaintiff also seeks interest and costs.
With respect to count two, the plaintiff seeks damages for business interruption to the sum of $13,744,777 (to be
divided between each defendant). The plaintiff also seeks interest and costs.
1/02/2017 Frazer Barton/Simon Munro: - Anderson
Lloyd:- solicitor for plaintiff;
Simon Ladd/Jesse Wilson:- Bell Gully,
Counsel for the defendants
YES DISCONTINUED 06/05/2019
CIV-2017-409-000044 Jarman v Earthquake
Commission v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Mauger Drive, Heathcote. Covered under an AMI policy. Damaged in September 2010 and February
2011. The plaintiffs say the first defendant’s repair strategy is insufficient to completely remediate all of the damage to
the property and the second defendant has not taken steps to settle the claim. The plaintiffs seek $224,292.00 (plus
damages, interest and costs) from the first defendant and the remainder of the over-cap cost (not yet quantified but
inclusive of interest and costs) from the second defendant.
31/01/2017 Noor Hamiid/Jared Higby:- counsel for
plaintiffs
John Knight:- Chapman Tripp, counsel for
the first defendant
Caroline Laband:- DLA Piper, counsel for
second defendant
YES DISCONTINUED 29/05/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-409-000026 Campbell & Russell v
Earthquake Commission
(Discon) & IAG New Zealand
Limited
General
Proceeding
Property at Edgeware Road, Edgeware. Covered under a BNZ policy. Damaged in September 2010 and February
2011. The plaintiffs say the first defendant’s repair strategy is insufficient to completely remediate all of the damage to
the property and the second defendant has not taken sufficient steps to settle the claim. The plaintiffs seek
$192,547.50 (plus damages, interest and costs) from the first defendant and the remainder of the over-cap cost (not
yet quantified but inclusive of landscaping, accommodation, stress payment, interest and costs) from the second
defendant.
24/01/2017 Grant Smith:- solicitor for plainitffs; Jai
Moss/Zoe Caughey:- counsel for plaintiffs
John Knight:- Chapman Tripp, counsel for
the first defendant
Peter Leman:- DLA Piper, counsel for
second defendant
YES DISCONTINUED 21/02/2019
CIV-2017-409-000018 Doig v Tower Insurance Limited General
Proceeding
Property at Beachville Road, Redcliffs. Covered under a Tower policy. Damaged in unspecified earthquakes. The
plaintiffs say the defendant is in breach of its policy and its duty to the plaintiff for the unreasonable delay in paying out
the indemnity under the Policy and by refusing to acknowledge an entitlement to the replacement value. The plaintiffs
seek an order that the defendant pay to the plaintiffs compound interest on the indemnity payment for the period 1
January 2012 - 30 November 2016, a declaration that they defendant must pay to the plaintiffs the full replacement
value under the policy including reasonable experts fees in respect of rebuilding and the costs of demolition and the
removal of debris and an order that the defendant assess the full replacement value and the plaintiffs entitlement
under the policy fairly, reasonably and evenly (plus costs).
19/01/2017 Stephen Rennie/Anna Whalan:- counsel for
plaintiff
:- DLA Piper, counsel for the defendant
YES JUDGMENT - DEFENDED HEARING
05/12/2017
COURT OF APPEAL MILESTONES:
CA37/18
Filed 24/1/18
Dismissed 11/4/19
CIV-2017-409-000017 Certified Properties Limited v
QBE Insurance International
Limited
General
Proceeding
Property at Maces Road, Christchurch. Covered under a QBE policy. Damaged in February 2011 and June 2011.
The plaintiff says the defendant denied the plaintiff the right of reinstatement under the insurance policy which was
assigned to the plaintiff; the defendant has failed to settle the claim fairly and the remediation works which have been
done to two buildings on the property failed to reinstate the buildings to the policy standard. The plaintiff seeks a
declaration that as the assignee, the plaintiff is entitled to the reinstatement value and not limited to indemnity value of
any loss; that the defendant pay the plaintiff the equivalent value of cost of reinstatement (not yet quantified but
inclusive of interest, costs and any other relief) and cost of repair of the earthquake remediation work carried out on
the two buildings (plus interest and costs).
19/01/2017 Robyn Lowersidge:- Pegasus Bay Law,
solicitor for plaintiff;
David Jackson:- counsel for plaintiff
Brad Alcorn;- Fee Langstone:Defendant
YES DISCONTINUED 18/12/2018
CIV-2017-409-000011 Bay Paddock Limited v Calder
Stewart Properties No.1 Limited
& Calder Stewart Industries
Limited & NZI as a business
division of IAG New Zealand
Limited
General
Proceeding
Properties at Hammersmith Drive, Christchurch and Hickory Place, Islington, Christchurch. Covered under a NZI
policy. Damaged in September 2010 and February 2011. With respect to the Hammersmith Drive property, the
plaintiff says the first defendant failed to arrange for an assignment of its insurance policy to the plaintiff and did not
take the necessary steps to enable the assignment to be completed. The plaintiff seeks an order for specific
performance requiring the first and/or second defendant to enter into a deed of assignment of its insurance policy with
the plaintiff (plus costs). The plaintiff seeks an order or declaration against the third defendant that the plaintiff is
entitled to payment for cost of reinstatement works required to repair the earthquake damage, or, an order that the
third defendant must carry out the reinstatement works required to repair the earthquake damage (plus costs). With
respect to the Hickory Place property, the plaintiff says repair works are required to reinstate the property to the policy
standard. The plaintiff seeks payment for the cost of reinstatement works required to repair the earthquake damage,
or, an order that the third defendant must carry out reinstatement works to repair the earthquake damage (not yet
quantified but estimated to be no less than $251,200 plus cost).
4/01/2017 Helen Smith/Tristan Sage:- solicitor for
plaintiffs
[Awaiting statement of defence]
YES DISCONTINUED 14/06/2017
CIV-2017-409-000009 Alderson v Tower Insurance
Limited
General
Proceeding
(Repairs)
Property at Marriotts Road, New Brighton. Covered under a National Bank policy. Damaged in September 2010,
February 2011, June 2011 and December 2011. The plaintiffs say the repairs undertaken to date by the first
defendant have not completely remediated all of the damage to the property and the second defendant has not taken
sufficient steps to settle the claim. The plaintiffs seek $314,135.48 (plus damages and costs) from the first defendant
and $314,135.48 from the second defendant.
13/01/2017 Richard Hargreaves, Wynn Williams:-
Plaintiff
Caroline Laband- DLA Piper, Defendant
YES DISCONTINUED 17/09/2019
CIV-2017-409-000007 Mint Properties Limited v
Earthquake Commission
(Discontinued) & AA Insurance
Limited
General
Proceeding
(Repairs)
Property at Memorial Avenue, Burnside. Covered under an AA policy. Damaged in February 2011. The plaintiff says
the repairs undertaken to date by the first defendant have not completely remediated all of the damage to the property
and the second defendant has not taken sufficient steps to settle the claim. The plaintiff seeks $113,850 (plus, interest
and costs) from the first defendant and $571,550 (plus interest and costs) from the second defendant.
10/01/2017 Grant Shand:- solicitor for Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Cecily Brick: - Fee Langstone, Second
Defendant
YES DISCONTINUED 25/10/2019
Ready List Entry Date: 13/12/2018
Fixture Date: 10/02/2020
Estimated Hearing Days: 10.0
CIV-2017-409-000006 Anderson & Reuben v Lumley
General Insurance (NZ)
General
Proceeding
Property at Mervyn Drive, Avondale. Covered under a Westpac bank policy. Damaged in February 2011. The plaintiffs
say the defendant has not taken sufficient steps to settle the claim. The plaintiffs seek $865,000 (plus damages,
interest and costs) from the defendant.
10/01/2017 Grant Shand:- solicitor for plaintiffs
Peter Leman:- DLA Piper, solicitor for the
defendant
YES DISCONTINUED 15/11/2017
CIV-2017-409-000002 Bailey v Earthquake
Commission & IAG New
Zealand Limited trading as NZI
Insurance (Discontinued)
General
Proceeding
(Repairs)
Property at Northfield Road, Casebrook. Covered under a Co-operative Bank policy. Damaged in September 2010,
February 2011 and June 2011. The plaintiffs say the repairs undertaken to date by the first defendant have not
completely remediated all of the damage to the property and the second defendant has not taken sufficient steps to
settle the claim. The plaintiffs seek $113,850 (plus damages, interest and costs) from the first defendant and the
remainder of the over-cap cost (not yet quantified but inclusive of interest and costs) from the second defendant.
23/12/2016 Grant Smith:- solicitor for plaintiffs; and Jai
Moss/Arezou Nobari counsel for plaintiffs
John Knight:- Chapman Tripp, counsel for
first defendant
Stephanie Grieve:- Duncan Cotterill, counsel
for second defendant
Yes DISCONTINUED 11/12/2018
CIV-2017-409-000001 Charlton v Earthquake
Commission (discontinued) &
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Vancouver Crescent, Wainoni. Covered under an AMI policy. Damaged in February 2011 and June 2011.
The plaintiff says the first defendant’s repair strategy is insufficient to completely remediate all of the damage to the
property and the second defendant has not taken steps to settle the claim. The plaintiff seeks $148,753.78 (less
payments already made, plus damages, interest and costs) from the first defendant and the remainder of the over-cap
cost (not yet quantified but inclusive of interest and costs) from the second defendant.
23/12/2016 Grant Smith:- solicitor for plaintiffs; Jai
Moss/Samuel Deavoll, counsel for plaintiffs
John Knight:- Chapman Tripp, counsel for
the first defendant
Caroline Laband:- DLA Piper, solicitor for the
second defendant
YES DISCONTINUED 16/02/2018
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-406-000007 Cohen v Earthquake
Commission and AA Insurance
(Discontinued)
General
Proceeding
Property at High Street, Springlands (Blenheim). Transferred to Christchurch High Court Earthquake List. Damaged
as a result of the 21 July 2013 Seddon earthquakes. Policy under AA. The plaintiffs say the first defendant's scope of
works, repair strategy and limited payment failed to remediate the property to the standard required by the EQC Act.
The plaintiffs seek judgment for an amount to be determined up to $115,000 (less the excess payable under the EQC
Act) per earthquake event and general damages of $10,000 (plus interest and costs) from the first defendant. The
plaintiffs say the second defendant's failure/refusal to settle the claim is a breach of its policy obligations. The plaintiffs
seek a declaration that the second defendant is liable to pay to the plaintiffs the full replacement cost of remediating
the house to its as new condition (less the first defendant's liabilities) and judgment for temporary accommodation
costs (plus costs).
5/04/2017 Grant Smith:- solicitor for plaintiffs; and Jai
Moss, Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Peter Hunt/Suzanne Casey:- McElroys,
Second Defendant
YES DISCONTINUED 07/06/2019
CIV-2017-404-002051 VBE Limited v Tower Insurance
Limited
General
Proceeding
Property at Walton Street, Christchurch. Damaged in February 2011. Policy under Tower.The plaintiff says the
defendant has refused/failed to meet its obligations under the policy by offering nothing to settle the plaintiff's claim.
The plaintiff seeks judgment for $535,677.62 reinstatement costs against the defendant (plus interest and costs) or a
declaration for the same.
6/09/2017 Grant Shand:- Grant Shand Barristers and
Solicitors, Plainitffs
David Friar/Morgan Powell:- Bell Gully,
Defendant
YES DISCONTINUED 24/10/2019
Ready List Entry Date: 11/12/2018
CIV-2017-404-002040 Crummey v Tower Insurance
Limited
General
Proceeding
Property at Blake Street, New Brighton. Damaged as a result of the Canterbury earthquake sequence. Policy under
ANZ. The plaintiffs say the defendant has failed/refused to meet its obligations under the policy by offering to settle the
claim for amounts less than the actual amount to rebuild the house and electing to rebuild the house below the
minimum finished floor level requirement. The plaintiffs seek a declaration that the defendant is liable to pay the
plaintiffs $713,594.65 to remediate the damage and $25,000 for general damages (plus interest and costs) or
judment for the same.
31/08/2017 Simon Munro and Katrina Pfeifer, Anderson
Lloyd, Plainitffs
Ana Lenard:- Gilbert Walker, Defendant
YES DISCONTINUED 06/06/2019
CIV-2017-404-002034 Howell v IAG New Zealand
Limited and Earthquake
Commission (Discontinued)
General
Proceeding
Property at Fleming Street, North New Brighton. Damaged in February 2011. Policy under NZI. The plaintiff says the
first defendant is has failed to meet its obligations under the policy by offering to pay nothing to settle the claim. The
plaintiff seeks a declaration that the first defendant is liable to pay $285,000 to remediate the house (plus interest and
costs) or judgment for the same. The plaintiff says the second defendant has failed/refused to make payment to the
plaintiff. The plaintiff seeks judgment for $113,850 for remediation costs (plus interest and costs).
1/09/2017 self-represented, Plainitffs
Megan Gall:- Young Hunter, First Defendant
Nathaniel Walker, Russell McVeagh, Second
Defendant
YES SUMMARY JUDGMENT 14/11/2019
CIV-2017-404-002028 Trustees of the Juniper Trust v
Vero Insurance New Zealand
Limited and Earthquake
Commission
General
Proceeding
Property at Kentallen Terrace, Hillsborough. Damaged in September 2010. Policy under Vero. The plaintiffs say the
first defendant is liable to pay the full replacement costs of reinstating the house and has breached its obligations
under the policy. The plaintiffs seek judgment for $886,150 (plus damages, interest and costs) from the first defendant
or a declaration to the same. The plaintiffs say the second defendant has refused to make the full payment to the
plaintiffs. The plaintiffs seek judgment for $113,850 (plus damages) from the second defendant.
30/08/2017 Grant Shand:- Grant Shand Barristers and
Solicitors, Plainitffs
Nathaniel Walker, Russell McVeagh, Second
defendant
Cecily Brick: - Fee Langstone, First
defendant
YES DISCONTINUED 02/10/2019
CIV-2017-404-002027 Graham and Bell v AA
Insurance Limited and
Earthquake Commission
(Discontinued)
General
Proceeding
Property at Wattle Drive, New Brighton. Damaged in September 2010 and February 2011. Policy under AA. The
plaintiffs say the first defendant has breached its obligations under the policy by offering to pay the plaintiffs nothing to
settle the claim. The plaintiffs seek a declaration that the first defendant is liable to pay $470,000 for remediation costs
and general damages of $50,000 (plus interest and costs) or judgment for the same. The plaintiffs say the second
defendant has failed/refused to make full payment to the plaintiffs. The plaintiffs seek judgment for $178,470.50 and
$50,000 general damages (plus interest and costs) from the second defendant.
30/08/2017 Grant Shand:- Grant Shand Barristers and
Solicitors, plainitffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Glen Holm-Hanson: - Hesketh Henry,
Second Defendant
YES DISCONTINUED 12/11/2019
Ready List Entry Date: 27/06/2019
CIV-2017-404-002025 Scott v AA Insurance Limited
and Earthquake Commission
General
Proceeding
Property at Bristol Street, St Albans. Damaged in September 2010. Policy under AA. The plaintiff says the first
defendant has breached its obligations under the policy. The plaintiff seeks judgment for $386,150 for reinstatement
costs and $25,000 gene al damages (plus interest and costs) from the first defendant or a declaration for the
same. The plaintiff says the second defendant has only made partial payment to the plaintiff. The plaintiff seeks
judgment for $53,135.18 and $25,000 general damages (plus interest and costs) from the second defendant.
30/08/2017 Grant Shand:- Grant Shand Barristers and
Solicitors, plainitffs
[Awaiting statement of defence]
YES DISCONTINUED 01/02/2018
CIV-2017-404-002022 Pearson and IAG New Zealand
Limited (Discontinued) and
Earthquake Commission
General
Proceeding
(Repairs)
Property at Chaucer Street, Sydenham. Damaged in September 2010. Policy under State. The plaintiff says the first
defendant has failed to meet its obligations under the policy. The plaintiff seeks a declaration that the first defendant is
liable to pay $425,000 to remediate the damage (plus interest and costs) from the first defendant or judgment for the
same. The plaintiff says the second defendant's physical repair work done is/was worthless and the house still
requires remedial work. The plaintiff seeks judgment for $60,000 for the September 2010 event and $113,850 for the
February 2011 event a (plus interest and costs) from the second defendant.
30/08/2017 Fixture 5 days after
22/11/2019
Grant Shand:- Grant Shand Barristers and
Solicitors, plainitffs
Richard Hargreaves:- Wynn Williams, First
Defendant
Nathaniel Walker, Russell McVeagh, Second
Defendant
NO
CIV-2017-404-002011 Stone and Boot v AA Insurance
Limited and Earthquake
Commission (Discontinued)
General
Proceeding
(Repairs)
Property at Grenville Street, Waltham. Damaged in September 2010 and February 2011. The plaintiffs say the first
defendant has failed to meet its obligations under the policy by offering the plaintiff nothing to settle the claim. The
plaintiffs seeks a declaration that the first defendant is liable to pay $386,150 to remediate the damage and $20,000
for general damages (plus interest and costs) from the first defendant or judgment for the same. The plainitffs say the
second defendant's physical repair work done is/was worthless and the house still requires remedial work. The
plaintiffs seek judgment for $227,700 and $25,000 general damages (plus interest and costs) from the second
defendant.
30/08/2017 Grant Shand:- Grant Shand Barristers and
Solicitors, plainitffs
Glen Holm-Hanen, Lowndes Law, First
Defendant
YES DISCONTINUED 09/05/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2017-404-002007 Smith and Webb v IAG New
Zealand Limited and Earthquake
Commission
General
Proceeding
(Repairs)
Property at Hills Road, Shirley. Damaged in September 2010 and February 2011. The plaintiffs say the first defendant
has failed to meet its obligations under the policy by offering the plaintiff nothing to settle the claim. The plaintiffs seeks
a declaration that the first defendant is liable to pay $485,000 to remediate the damage (plus interest and costs) from
the first defendant or judgment for the same. The plainitffs say the second defendant's physical repair work done
is/was worthless and the house still requires remedial work. The plaintiffs seek judgment for $113,850 (plus interest
and costs) from the second defendant.
30/08/2017 IA on 28/02/2020 Grant Shand:- Grant Shand Barristers and
Solicitors, plainitffs
Rick Hargreaves:- Duncan Cotterill, First
Defendant
Nathaniel Walker, Russell McVeagh, Second
Defendant
NO Ready List Entry Date: 28/05/2019
CIV-2017-404-002006 Steinz v IAG New Zealand
Limited (Discontinued) and
Earthquake Commission
General
Proceeding
(Repairs)
Property at Shenley Drive, Belfast. Damaged in September 2010. Policy under State. The plaintiff says the first
defendant has failed to meet its obligations under the policy by offering the plaintiff nothing to settle the claim. The
plaintiff seeks a judgment for $636,150 for reinstatement costs, $25,000 general damages (plus interest and costs)
from the first defendant or a declaration for the same. The plainitff says the second defendan's physical repair work
done is/was worthless and the house still requires remedial work. The plaintiff seeks judgment for $113,850 and
general damages of $25,000 (plus interest and costs) from the second defendant.
30/08/2017 Grant Shand:- Grant Shand Barristers and
Solicitors, plainitffs
Melanie Hayes, Chapman Tripp, Second
Defendant
YES DISCONTINUED 27/03/2019
CIV-2017-404-002005 Armstrong v IAG New Zealand
Limited and Earthquake
Commission
General
Proceeding
(Repairs)
Property at Quebec Place, Wainoni. Damaged in September 2010 and February 2011. Policy under NZI. The
plaintiffs say the first defendant has failed to meet its obligations under the policy by offering the plaintiffs nothing to
settle the claim. The plaintiffs seek a declaration that the first defendant is liable to pay a maximum of $470,000 to
remediate the damage, $50,000 general damages (plus interest and costs). Alternatively, the plaintiffs seek judgment
for the same. The plaintiffs say the second defendant's physical repair work done is/was worthless and the house still
requires remedial work. The plaintiffs seek judgment for $178,850 and general damages of $50,000 (plus interest and
costs) from the second defendant.
30/08/2017 Grant Shand:- Grant Shand Barristers and
Solicitors, plainitffs
Ricka Hargreaves/Charlotte Foster:- Duncan
Cotterill, First Defendant
Nathaniel Walker, Russell McVeagh, Second
Defendant
YES DISCONTINUED 15/08/2019
CIV-2017-404-000244 DISA Limited v IAG New
Zealand
General
Proceeding
(Repairs)
Property at Barrington Street, Spreydon. Covered under an IAG policy. Damaged in September 2010 and February
2011. The plaintiff says the defendant breached its policy obligations as despite the reinstatement building work, the
house has some defects and requires further work. The plaintiff seeks $210,000 (plus interest and costs).
22/02/2017 Grant Shand:- solicitor for plaintiffs
Simon Connolly:- Duncan Cotterill,
Defendant
YES DISCONTINUED 13/03/2019
CIV-2017-404-000242 Haremate v IAG New Zealand
Limited
General
Proceeding
Property at Esher Place, St Martins. Damaged in September 2010 and February 2011. Policy under IAG. The
plaintiffs say the repair works have not restored the property to the policy standard and the defendant has denied its
liability to provide the plaintiffs full indemnity. The plaintiffs seek a declaration the defendant remains liable to the
plaintiffs under the policy to pay the costs incurred by the plaintiffs and a declaration that the defendant remains liable
to pay costs incurred by an insured to restore an insured property to the policy standard despite the insured
contracting third party to restore the property and the costs of that restoration being paid by the defendant (plus costs
and disbursements). The plaintiffs also say the defendant has breached its obligations under the policy which amounts
to a breach of contract. The plaintiffs also seek damages and costs.
21/02/2017 Fixture - 10 days - after
01/09/2019
Grant Smith: - Canterbury Legal, Plaintiff
Paul McGillivray:- Duncan Cotterill,
Defendant
NO Ready List Entry Date: 18/02/2019
CIV-2016-476-000054 Small v Earthquake Commission
(Discontinued) & Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Brougham Street, Sydenham. Covered under AMI rental house policy. Damaged in September 2010 and
February 2011. The plaintiff says in July 2010 it contacted AMI to arrange full replacement insurance. The plaintiff
says AMI offered $125,000 sum insured cover until the plaintiff provided an electrical compliance certificate. The
plaintiff says the certificate was provided to AMI on 15 September 2010. The plaintiff says the property was insured to
a full replacement standard. The second defendant says it is investigating this. The first defendant says it made
payment for repairs but it is investigating its position. The plaintiff says the foundations must be replaced. The plaintiff
seeks $115,000 per event from the first defendant and the remainder from the second defendant.
24/09/2016 Bill Dwyer:- solicitor for plaintiffs; Jai
Moss/Arezou Nobari:- Counsel for plaintiff
John Knight:/Nicole Burt- Chapman Tripp,
First Defendant
Peter Leman:- DLA Piper, Second defendant
YES DISCONTINUED 13/11/2017
CIV-2016-412-000113 Clark v IAG New Zealand
Limited
General
Proceeding
Property at Deans Avenue, Addington. The plaintiff says the defendant is obligated to pay the reinstatement cost by
reference to the cost of repairing or rebuilding any damaged buildings. The plaintiff says the defendant has not
adequately assessed or determined the damage to the buildings. The plaintiff seeks declarations, inter alia, that the
defendant must settle the claims on a per-event basis with the damage and reinstatement cost to be based on the
plaintiffs expert reports.
25/08/2016 TC after 21/02/2020 S P Rennie/ AGM Whalan:- Plaintiffs
Chris Hlavac:- Young Hunter, Defendant
NO
CIV-2016-409-001232 Douglas v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Excalibur Place, Burwood. Covered under AMI policy. Damaged in September 2010, February 2011, June
2011 and December 2011. The plaintiffs say they have been paid by Earthquake Commission. The plaintiffs say that
the house was built pursuant to a building consent granted in April 2004 which included a requirement for a minimium
floor level of 11.76RL for purposes of flood mitigation. The plaintiffs position is that to be repaired to an as-new
condition the floor level must adhere to current floor level requirements of 12.3mRL. The plaintiffs seek unquantified
amounts to compensate for their loss plus damages and costs.
22/12/2016 Mobeena Hills:- Shine Lawyers, Counsel for
the plaintiffs
David Friar:- Bell Gully, Defendant
YES DISCONTINUED 16/10/2018
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-001230 Southern Response Earthquake
Services Limited v Shirley
Investments Limited
General
Proceeding
The plaintiff ("Southern Response") says that the house in question was originally owned by another person ("the
original owner"). Southern Response says the original owner elected to rebuild the house on the same site. Some
time passed in which time Southern Response obtained a geotechnical report which said that the foundations must
be substantially upgraded in order to rebuild the house on the same site. Southern Response says the current owner
of the house ("the defendant") sought to change its election to buy another house under the policy of insurance.
According to Southern Response the defendant has already entered into an agreement for sale and purchase to buy
another property. Southern Response says this proceeding is brought to clarify the policy interpretation of the AMI
Premier Rental policy. Southern Response seeks declarations to the effect that Southern Response is not obligated to
pay the cost of building enhanced foundations for the existing house as part of the cost of buying another house
under the policy. Southern Response also seeks the cost of making this application to the Court.
21/12/2016 David Friar/Nick Moffatt:- Bell Gully, plaintiff
Andrew Hooker/Mobeena Hills:- Shine
Lawyers, Defendant
YES JUDGMENT - DEFENDED HEARING
18/12/2017
COURT OF APPEAL MILESTONES:
CA63/18
Filed 5/2/18
Abandoned 15/10/18
CIV-2016-409-001228 Aveley Company Limited & Ors
v Zurich Australian Insurance
Limited T/A Zurich New Zealand
General
Proceeding
Claim in respect of property at Victoria Street, Christchurch Central. Covered under Zurich policies for material
damage and business interruption. Damaged in September 2010, February 2011, June 2011 and December 2011.
The plaintiffs say the building is classified as "earthquake prone" in terms of s 122 of the Building Act 2004. The
plaintiffs say a building consent is required to carry out the repairs to the property and to get a building consent
requires the building to brought up to 34% of the New Building Standard. For this reason, the plaintiffs say the
defendant is obligated to indemnify for the cost to reinstate the property to comply with building laws and regulations.
The plaintiffs say it will cost $1,400,848 to repair the property to the relevant standards. The plaintiffs claim
$823,711.95 (plus interest and costs) from the defendant.
16/12/2016 Michael McKay:- Malley & Co, plaintiffs
Antony Holden:- DAC Beachcroft, defendant
YES DISCONTINUED 09/11/2017
CIV-2016-409-001226 Emmons Developments New
Zealand v Mitsui Sumitomo
Insurance Co Ltd & Vero
Insurance New Zealand Limited
General
Proceeding
Claim in respect of a block of land at the corner of Oxford Tce, Cathedral Square and Worcester Streets. Rydges
Hotel, the Christchurch City Council car park and the Grant Thornton building (now demolished) are or were on the
land. The property was jointly insured by the defendants for material damage and business interruption to sum insured
amounts of $166,350,000 and $14,500,000 respectively. The plaintiff says the defendants have: failed or refused to
accept the nature of the damage to the Rydges Hotel building and the Christchurch City Council car park building;
and, failed or refused to pay a bond or guarantee in respect of liability to begin commencement of reinstatement of the
Grant Thornton building. The plaintiff seeks declarations that the former two buildings are damaged, must be repaired
to a particular standard and that repairs are not economically viable; and, the defendants must pay a bond or
guarantee to begin reinstatement of the latter building.
21/12/2016 Peter Woods:- Anthony Harper, Plaintiff
Caroline Laband:- DLA Piper, Defendants
YES JUDGMENT - DEFENDED HEARING
28/02/2019
CIV-2016-409-001223 Bruce & Ors (as trustees) v IAG
New Zealand Limited
General
Proceeding
(Repairs)
Property at Paparoa Street, Papanui. Covered under IAG policy. Damaged in September 2010 and February 2011.
The plaintiffs say the defendant undertook repair works at the property by contracting a builder to do the repairs. The
repair works were set out in a building contract between the plaintiffs, the builder and the defendant. The plaintiff says
the repairs failed because windows and doors are still out of plumb, cladding is not repaired, floors are not level,
ceilings are twisted and other unrepaired damage. The plaintiff seeks the cost of remediation (to be quantified) from
the defendant plus interest and costs.
15/12/2016 Grant Shand:- Counsel for the plaintiffs
Peter Leman:- Duncan Cotterill, Defendant
YES JUDGMENT - DEFENDED HEARING (Liability
Only) 20/12/2018
COURT OF APPEAL MILESTONES:
CA45/19
Filed 26/6/19
CIV-2016-409-001209 Dodge v AA Insurance Limited General
Proceeding
Property at Bridge Street, New Brighton. Covered under AA policy. Damaged in September 2010 and February 2011.
The plaintiff says the foundations and other structural elements of the house were severely damaged by the
earthquakes. The plaintiff says the defendant obtained numerous expert reports. Some of the reports recommended
substantial repairs and some recommended only cosmetic repairs. The plaintiff says the defendant chose to obtain
building quotes and offer to settle based on a cosmetic repair strategy. The plaintiff obtained an export report which
recommends substantial repairs to the house. The plaintiff says the defendant is repudiating the contract by
manifesting an intention to breach it. The plaintiff seeks declarations that the repair methodology proposed by the
defendant will not meet the policy standard and that the foundations of the house must be replaced. The plaintiff also
seeks an order that the defendant pay $1,044,167 (plus GST, damages, interest and costs).
13/12/2016 Self-represented, Plaintiff
Simon Ladd:- Bell Gully, Defendant
YES DISCONTINUED 22/08/2019
CIV-2016-409-001206 O'Hara-Safonov v Earthquake
Commission & AA Insurance
Limited
General
Proceeding
Property at Hewling Street, Timaru. Covered under AA policy. Damaged in September 2010, February 2011 and June
2011. The plaintiffs say the first defendant will not treat the claim as over-cap because of alleged historic damage to
the house. Further, the plaintiffs say the second defendant will not deal with the claim because it is currently under
cap. The plaintiffs seek judgment in the sum of repair costs (unquantified) plus interest and costs from the defendants.
12/12/2016 Self-Represented Plainitff
John Knight:- Chapman Tripp, First
Defendant
Stephanie Corban:- Hesketh Henry, Second
Defendant
YES DISCONTINUED 27/05/2019
CIV-2016-409-001202 Lee & Park v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
(Repairs)
Property at Ilam Road, Burnside. Covered under ASB Bank policy. Damaged in September 2010, February 2011 and
December 2011. The plaintiffs say the foundations of the house were repaired using an Ezy-Bloc typre foundation.
The plaintiffs say the repairs did not address all of the earthquake damage to the house and further reinstatement
work is recommended. The plaintiffs seek up to $341,550 (plus damages, interest and costs) from the first defendant
and declarations including (inter alia) that the foundations be replaced with TC2 foundations (plus interest and costs).
9/12/2016 Noor Hamid:- Counsel for plaintiff
Nathaniel Walker, Russell McVeagh, first
defendant
Aaron Sherriff:- Duncan Cotterill, second
defendant
YES DISCONTINUED 19/11/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-001201 Smith v Earthquake
Commission and Vero
Insurance New Zealand Limited
(Discon) and IAG New Zealand
Limited (Discon)
General
Proceeding
Property at Sawyers Arms Road, Northcote. Covered under Vero policy. Damaged in September 2010 and February
2011. The plaintiffs say the foundations must be repaired in order to reinstate the house. Therefore, the plaintiffs say,
the economic option is to rebuild the house at a cost of $690,388.13. The plaintiffs seek $161,012.35 (plus damages,
interest and costs) from the first defendant and a declaration that the second defendant is liable to pay the cost of
rebuilding the house (plus costs).
9/12/2016 Bill Dwyer:- solicitor for plaintiffs; Jai Moss:-
Counsel for plaintiff
John Knight:- Chapman Tripp, Counsel for
first defendant
Cecily Brick:- Fee Langstone, Counsel for
second and third defendants
Yes DISCONTINUED 26/11/2018
CIV-2016-409-001183 Salisbury Street 188 Limited v
Vero Insurance New Zealand
Limited
General
Proceeding
(Repairs)
Property at Salisbury Street, Christchurch. Covered under a Vero policy. Damaged in February 2011. The plaintiff
says the repair work completed by the defendant has not completely remediated all of the damage to the property.
The plaintiff seeks $1,413,092 (plus business interruption cost of $200,000, interest and costs) from the defendant.
1/12/2016 Susan Dwight:- Cavell Leitch,Plaintiffs
Cecily Brick:- Fee Langstone, Defendant
YES DISCONTINUED 24/09/2018
CIV-2016-409-001182 Robin v IAG New Zealand &
Canterbury Reconstruction
Limited
General
Proceeding
(Repairs)
Property at Fitzgerald Avenue, Christchurch. Covered under an IAG policy. Damaged in September 2010 and
February 2011. The plaintiff says the repair work completed by the defendant has not completely remediated all of the
damage to the property. The plaintiff seeks the cost to completely remediate all of the damage to the property (not yet
quantified but inclusive of interest and costs) from the defendant.
2/12/2016 TC after 06/03/2020 Melissa Borcowski, Saunders Robinson
Brown, Plaintiffs
Paul Smith and Dana Beissel:- Duncan
Cotterill, Defendant
Tim McKenzie, Barrister, Third Defendant
Richard Smedley, Anthony Harper, Fourth
Defendant
Scott Galloway, Hazelton Law, Third Party
Simon Waalkens, Rice Speir, Fifth
Defendant
NO Ready List Entry Date: 09/10/2017
CIV-2016-409-001181 G.G. Don 1993 Limited v Vero
Insurance New Zealand Limited
General
Proceeding
Property at Sturrocks Road, Christchurch. Covered under a Vero policy. Damaged in September 2010 and February
2011. The plaintiff says the defendant has not taken sufficient steps to settle the claim. The plaintiff seeks the cost to
completely remediate all of the damage to the property (not yet quantified but inclusive of interest and costs) from the
defendant.
2/12/2016 TC after 31/01/2020 Andrew Hooker/Mobeena Hills:- Shine
Lawyers, Plaintiffs
Alan Sherlock:- Hesketh Henry, Defendant
NO
CIV-2016-409-001180 Spencer v Earthquake
Commission (Discontinued),
IAG New Zealand & Vero
Insurance New Zealand Limited
General
Proceeding
Property at Harbour Road, Brooklands. Covered under Vero policy. Damaged in September 2010. The plaintiffs say
the first defendant’s repair strategy does not completely remediate all of the damage to the property and the second
defendant has not taken sufficient steps to settle the claim. The plaintiff seeks $52,288.66 (plus damages, interest and
costs) from the first defendant and $485,000 (plus damages, interest and costs) from the second defendant.
2/12/2016 Grant Shand:- Plaintiffs
John Knight/Jacob Kerkin:- Chapman Tripp,
First Defendant
Aaron Sherriff:- Duncan Cotterill, Second
Defendants
YES DISCONTINUED 16/04/2019
CIV-2016-409-001179 McMullan v Earthquake
Commission & Southern
Response Earthquake Services
Limited (Discontinued)
General
Proceeding
Property at Cygnet Street, New Brighton. Covered under an AMI policy. Damaged in February 2011. The plaintiff says
the first defendant’s repair strategy does not completely remediate all of the damage to the property and the second
defendant has not taken sufficient steps to settle the claim. The plaintiff seeks $107,593 (plus damages, interest and
costs) from the first defendant and $485,000 (plus damages, interest and costs) from the second defendant.
2/12/2016 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Peter Leman:- DLA Piper, Second
Defendant
YES DISCONTINUED 27/03/2019
CIV-2016-409-001169 Johnstone v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Cressy Avenue, Kaiapoi. Covered under an AMI policy. Damaged in September 2010. The plaintiff says
the defendant has not taken sufficient steps to settle the claim. The plaintiff seeks the cost to completely remediate all
of the damage to the property (not yet quantified, but inclusive of damages, interest and costs) from the defendant.
30/11/2016 Andrew Hooker/Mobeena Hills:- Shine
Lawyers, Plaintiffs
Emily Walton:- Wynn Williams, Defendant
YES DISCONTINUED 02/10/2017
CIV-2016-409-001168 Wheeler & Middleton v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Broadhaven Avenue, Parklands. Covered under an AMI policy. Damaged in February 2011. The plaintiffs
say the defendant has not taken sufficient steps to settle the claim. The plaintiffs seek $669,108.95 (plus damages,
interest and costs) from the defendant.
1/12/2016 Grant Shand:- Plaintiffs
Emily Walton:- Wynn Williams, Defendant
YES DISCONTINUED 31/10/2017
CIV-2016-409-001167 Musson & Lin v Earthquake
Commission (Discontinued) &
Tower Insurance Limited
General
Proceeding
Property at Rushmore Drive, Belfast. Covered under a Tower policy. Damaged in February 2011. The plaintiffs say the
first defendant has denied that the damage to the property is earthquake related and the second defendant has not
taken sufficient steps to settle the claim. The plaintiffs seek $112,318.74 (plus damages, interest and costs) from the
first defendant and $777,505.90 (plus damages, interest and costs) from the second defendant.
1/12/2016 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
M C Smith:- Gilbert Walker, Second
Defendant
YES DISCONTINUED 05/03/2019
CIV-2016-409-001163 Cribb Farming Limited v
Earthquake Commission & Vero
Insurance New Zealand Limited
General
Proceeding
Property at West Coast Road, Canterbury. Covered under a Vero policy. Damaged in September 2010, February
2011, June 2011 and December 2011. The plaintiff says the first defendant has failed to meet its liability under
Earthquake Commission Act 1993 and the second defendant has not taken sufficient steps to settle the claim. The
plaintiff seeks $345,000 (plus interest and costs) from the first defendant and $434,586.34 (plus interest and costs,
less the first defendant’s liability) from the second defendant.
29/11/2016 Simon Munro:- Anderson Lloyd, Plaintiffs
John Knight:- Chapman Tripp, Defendant
Cecily Brick:- Fee Langstone, Second
Defendant
YES DISCONTINUED 27/05/2019
CIV-2016-409-001151 Allianz Australia Insurance
Limited v Earthquake
Commission
General
Proceeding
Claim in respect of apartment complex at Tidal View, Ferrymead. The property was formerly owned by a Body
Corporate. Covered under a Brokerweb policy. Damaged in September 2010, February 2011 and June 2011.
Demolished in June 2011. The Body Corporate assigned to the plaintiff its claim against the defendant under
Earthquake Commission Act 1993. The plaintiff claims $3,870,000 (plus interest and costs) from the defendant.
22/11/2016 Fixture - 8 days - on
02/03/2020
Caroline Laband/Richard Tosh:- DLA Piper,
Plaintiff
Nathaniel Walker, Russell McVeagh,
Defendant
NO Ready List Entry Date: 28/11/2018
Fixture Date: 02/03/2020
Estimated Hearing Days: 8.0
CIV-2016-409-001142 Dunwoodie v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Breezes Road, Wainoni. Covered under AMI policy. Damaged in February 2011 and June 2011. The
plaintiff says the economic option is to rebuild the house at a cost of $883,887.78. The plaintiff claims $741,061.64
(plus damages, interest and costs) from the defendant.
22/11/2016 Grant Shand:- Plaintiffs
Peter Leman:- DLA Piper, Defendant
YES DISCONTINUED 05/10/2018
CIV-2016-409-001135 Currie v Earthquake
Commission & Southern
Response Earthquake Services
Limited (Discontinued)
General
Proceeding
(Repairs)
Property at Mackenzie Avenue, Woolston. Covered under an AMI policy. Damaged in September 2010 and February
2011. The plaintiff say the repair work undertaken to date by the first defendant does not completely remediate all of
the damage to the property and the second defendant has not taken steps to settle the claim. The plaintiff seeks
$330,000 (plus damages, interest and costs) from the first defendant and $357,901.93 (plus damages, interest and
costs) from the second defendant.
18/11/2016 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
David Friar:- Bell Gully, Second Defendant
Yes DISCONTINUED 03/12/2018
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-001132 Youm v Earthquake
Commission (Discontinued) &
Tower Insurance Limited
General
Proceeding
Properties at Madras Street, St Albans. Covered under a National Bank policy. Damaged in February 2011. The
plaintiffs say the cash payment made by the first defendant does not completely remediate all of the damage to the
property and the second defendant has not taken sufficient steps to settle the claim. The plaintiffs seek a total of
$80,000 (plus damages, interest and costs) from the first defendant and a total of $943,263.20 (plus damages,
interest and costs) from the second defendant.
18/11/2016 Grant Shand:- Plaintiffs
John Knight/Nicole Evans:- Chapman Tripp,
First Defendant
M C Smith:- Gilbert Walker, Second
Defendant
YES DISCONTINUED 15/01/2019
CIV-2016-409-001129 Somerville v Tower Insurance
Limited
General
Proceeding
Property at Belmont Street, Avondale. Covered under a Tower policy. Damaged in September 2010, February 2011
and June 2011. The plaintiffs say the defendant has not taken sufficient steps to settle the claim. The plaintiffs seek
$930,239.90 (plus temporary accommodation, damages, interest and costs) from the defendant.
16/11/2016 Grant Shand:- Plaintiffs
Matthew Harris:- Gilbert Walker, Defendant
YES DISCONTINUED 15/08/2017
CIV-2016-409-001127 Carson v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Milkers Gate, Parklands. Covered under an AMI policy. Damaged in February 2011. The plaintiffs say the
defendant has not taken sufficient steps to settle the claim. The plaintiffs seek $453,385.06 (plus damages, interest
and costs) from the defendant.
16/11/2016 Grant Shand:- Plaintiffs
D J Friar/ H P H Lui:- Bell Gully, Defendant
YES DISCONTINUED 18/06/2018
CIV-2016-409-001122 Mt Vision Limited, Sunny Alison
June Morley & New Zealand
Trustee Services Ltd v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Belmont Street, Avondale. Covered under an AMI policy. Damaged in February 2011. The plaintiffs say
the defendant’s repair strategy does not completely remediate all of the damage to the property. The plaintiffs seek
$953,556.98 (plus damages, interest and costs) from the defendant.
16/11/2016 Grant Shand:- Plaintiffs
Emily Walton:- Defendant
YES DISCONTINUED 14/07/2017
CIV-2016-409-001120 Duffy v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Belmont Street, Avondale. Covered under an AMI policy. Damaged in February 2011. The plaintiffs say
the defendant’s repair strategy does not completely remediate all of the damage to the property. The plaintiffs seek
$953,556.98 (plus damages, interest and costs) from the defendant.
16/11/2016 Grant Shand:- Plaintiffs
Emily Walton:- Wynn Williams, Defendant
YES DISCONTINUED 21/12/2017
CIV-2016-409-001119 Brown v Earthquake
Commission & Vero Insurance
New Zealand Limited
General
Proceeding
(Repairs)
Property at Reginald Street, Burwood. Covered under a Vero policy. Damaged in February 2011. The plaintiffs say the
repair work undertaken to date by the first defendant does not completely remediate all of the damage to the property
and the second defendant has not taken sufficient steps to settle the claim. The plaintiffs seek $115,000 (plus
damages, interest and costs) from the first defendant and $335,466.85 (plus damages, interest and costs) from the
second defendant.
16/11/2016 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Cecily Brick:- Fee Langstone, Second
Defendant
YES DISCONTINUED 16/01/2019
CIV-2016-409-001118 McLeod v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
(Repairs)
Property at Northaw Road, Hoon Hay. Covered under a State policy. Damage in February 2011. The plaintiff says the
repairs undertaken to date by the first defendant do not completely remediate all of the damage to the property and
the second defendant has not taken sufficient steps to settle the claim. The plaintiff seeks $107,908.90 (plus
damages, interest and costs) from the first defendant and $491,917.13 (plus damages, interest and costs) from the
second defendant.
16/11/2016 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Catherine Jamieson:- Young Hunter, Second
Defendant
YES DISCONTINUED 12/04/2019
CIV-2016-409-001117 Pointon v Earthquake
Commission (Discontinued) &
IAG New Zealand Limited
General
Proceeding
(Repairs)
Property at Dunns Avenue, Pines Beach. Covered under a BNZ bank policy. Damaged in September 2010, February
2011, June 2011 and December 2011. The plaintiff says the repairs undertaken to date by the first defendant do not
completely remediate all of the damage to the property and the second defendant has not taken sufficient steps to
settle the claim. The plaintiff seeks $420,000 (plus damages, interest and costs) from the first defendant and
$180,000 (plus damages, temporary accommodation, stress payment, landscaping, interest and costs) from the
second defendant.
15/11/2016 Grant Shand:- Plaintiffs
Paul Smith/Laura McLoughlin-Ware:-
Duncan Cotterill, Second Defendant
YES DISCONTINUED 02/05/2019
CIV-2016-409-001109 Parkes v IAG New Zealand
Limited
General
Proceeding
Property at Gilmour Terrace, Lyttelton. Jointly insured by IAG and Vero. Damaged in September 2010 and February
2011. The plaintiff says the defendants have not taken sufficient steps to settle the claim. The plaintiff seeks the over-
cap cost to remediate all of the damage to the property (not yet quantified, but inclusive of interest and costs) from the
defendants.
10/11/2016 Alex Summerlee, Parry Field: - Plaintiff
Catherine Jamieson:- Young Hunter,
Defendants
YES DISCONTINUED 20/05/2019
CIV-2016-409-001105 Canning v Tower Insurance
Limited
General
Proceeding
Property at Baker Street, New Brighton. Covered under a Tower policy. Damaged in February 2011. The plaintiffs say
the cash payment made by the defendant is not sufficient to completely remediate all of the damage to the property.
The plaintiffs seek $335,000 (plus damages, interest and costs) from the defendant.
4/11/2016 Grant Shand:- Plaintiffs
Martin Smith:- Gilbert Walker, Defendant
YES DISCONTINUED 20/06/2018
CIV-2016-409-001104 Woodroffe v Earthquake
Commission & Lumley General
Insurance (NZ) Limited
General
Proceeding
Property at Union Street, New Brighton. Covered under an NZI policy. Damaged in September 2010, February 2011
and October 2011. The plaintiffs say the cash payment made by the first defendant is not sufficient to completely
remediate all of the damage to the property and the second defendant has not taken sufficient steps to settle the
claim. The plaintiffs seek $171,842.61 (plus interest and costs) from the first defendant and $339,441.75 (plus
damages, interest and costs) from the second defendant.
4/11/2016 Andrew Hooker/Eoin Farrell:- Shine Lawyers,
Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Caroline Laband:- DLA Piper, Second
Defendant
YES DISCONTINUED 15/07/2019
CIV-2016-409-001102 Stott v Earthquake Commission
& Lumley General Insurance
NZ Ltd (Discontinued)
General
Proceeding
Property at Grove Street, Tinwald. Covered under an NZI policy. Damaged in September 2010 and February 2011.
The plaintiff says the first defendant has denied that the damage to the property is earthquake related and the second
defendant has not taken steps to settle the claim. The plaintiff seeks $204,376.35 (plus damages, interest and costs)
from the first defendant and $245,000 (plus damages, interest and costs) from the second defendant.
4/11/2016 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Paul Smith:- Duncan Cotterill, Second
Defendant
YES DISCONTINUED 17/12/2018
CIV-2016-409-001100 Harneiss v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
(Repairs)
Property at Port Hills Road, Heathcote Valley. Covered under an AMI policy. Damaged in September 2010 and
February 2011. The plaintiffs say the repairs undertaken to date by the first defendant do not completely remediate all
of the damage to the property and the second defendant has not taken steps to settle the claim. The plaintiffs seek
$115,000 (plus damages, interest and costs) from the first defendant and the remainder of the over-cap cost (not yet
quantified but inclusive of interest and costs) from the second defendant.
8/11/2016 Noor Hamid/Jared Higby: Counsel for
plaintiffs
John Knight:- Chapman Tripp, First
Defendant
David Friar:- Bell Gully, Second Defendant
YES DISCONTINUED 12/11/2018
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-001098 Fort v Earthquake Commission
& Southern Response
Earthquake Services Limited
(Discontinued)
General
Proceeding
(Repairs)
Property at Tovey Street, South New Brighton. Covered under an AMI policy. Damaged in September 2010, February
2011 and December 2011. The plaintiff says the first defendant’s repair strategy and work undertaken to date does
not completely remediate all of the damage to the property and the second defendant has not taken sufficient steps to
settle the claim. The plaintiff seeks $201,957.82 (plus interest and costs) from the first defendant and the remainder of
the over-cap cost (not yet quantified but inclusive of interest and costs) from the second defendant.
3/11/2016 Bill Dwyer:- solicitor for plaintiffs; Jai
Moss/Zoe Caughey:- Counsel for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
YES STRUCK OUT 23/04/2018
CIV-2016-409-001096 Hoju v Earthquake Commission
& Southern Response
Earthquake Services Limited
(Discontinued)
General
Proceeding
(Repairs)
Property at Renoir Drive, Rolleston. Covered under an AMI policy. Damaged in September 2010, February 2011 and
December 2011. The plaintiffs say the first defendant’s repair strategy and work undertaken to date does not
completely remediate all of the damage to the property and the second defendant has not taken sufficient steps to
settle the claim. The plaintiffs seek $115,000 (plus damages, interest and costs) from the first defendant and the
remainder of the over-cap cost (not yet quantified, but inclusive of interest and costs) from the second defendant.
8/11/2016 Stephen Rennie:- Rhodes & Co, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Caroline Laband/Caroline Halliday:- DLA
Piper, Second Defendant
YES DISCONTINUED 26/08/2019
CIV-2016-409-001093 Renicarl Limited & Wenborn v
Earthquake Commission &
Farmers Mutual Group
Insurance Limited
General
Proceeding
(Repairs)
Property at Quinns Road, Shirley. Covered under a Farmers Mutual Group Insurance Limited policy. Damaged in
September 2010, February 2011 and December 2011. The plaintiffs say the first defendant’s repair strategy and
repair work undertaken to date does not completely remediate all of the damage to the property and the second
defendant has not taken steps to settle the claim. The plaintiff seeks $113,850 (plus damages, interest and costs)
from the first defendant and the remainder of the over-cap cost (not yet quantified but inclusive of interest and costs)
from the second defendant.
8/11/2016 Bill Dwyer:- solicitor for plaintiffs; Jai
Moss/Arezou Nobari:- Counsel for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Peter Leman:- DLA Piper, Second
Defendant
YES DISCONTINUED 02/03/2018
CIV-2016-409-001092 O'Hara-Safonov v Earthquake
Commission & A.A. Insurance
Ltd.
General
Proceeding
Property at Estuary Road, New Brighton. Covered under an AAI policy. Damaged in September 2010, February 2011
and June 2011. The plaintiff says the first defendant’s repair strategy does not completely remediate all of the damage
to the property and the second defendant has not taken steps to settle the claim. The plaintiff seeks the cost to
remediate all of the damage to the property (not yet quantified but inclusive of interest and costs) from the defendants.
7/11/2016 Self Represented, plaintiff
John Knight- Chapman Tripp, First
Defendant
Stephanie Corban/Charlotte Lewis:- Hesketh
Henry, Second Defendant
YES DISCONTINUED 27/05/2019
CIV-2016-409-001091 Drayton v IAG trading as State
Insurance
General
Proceeding
Property at Ranfurly Street, Christchurch. Covered under a State policy. Damaged in September 2010, February 2011
and June 2011. The plaintiff says the defendant has not taken sufficient steps to settle the claim. The plaintiff seeks
$3,629,222.24 (plus damages, interest and costs) from the defendant.
21/10/2016 Kathryn Dalziel:- Taylor Shaw, Plaintiff
Peter Leman:- DLA Piper, Defendant
YES DISCONTINUED 14/05/2018
CIV-2016-409-001052 Bloxham v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
(Repairs)
Property at Philpotts Road, Mairehau. Covered under an AMI policy. Damaged in September 2010. The plaintiffs say
the first defendant’s repair strategy and work undertaken to date does not completely remediate all of the damage to
the property and the second defendant has not taken sufficient steps to settle the claim. The plaintiffs seek $113,850
(plus damages, interest and costs) from the first defendant and $95,783 (plus damages, interest and costs) from the
second defendant.
31/10/2016 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
David Friar:- Bell Gully, Second Defendant
YES DISCONTINUED 13/02/2018
CIV-2016-409-001050 Akira Investments Limited v
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Riselaw Street, Mairehau. Covered under an AMI policy. Damaged in September 2010 and February
2011.The plaintiff says the cash payment offered by the defendant is insufficient to completely remediate all of the
damage to the property. The plaintiff seeks $714,668.44 (plus interest and costs) from the defendant.
31/10/2016 Grant Shand:- Plaintiffs
Caroline Laband:- DLA Piper, Defendant
YES DISCONTINUED 21/06/2018
CIV-2016-409-001048 Bulgakov v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
(Repairs)
Property at Laing Crescent, Heathcote Valley. Covered under an AMI policy. Damaged in February 2011, June 2011
and December 2011. The plaintiffs say the first defendant’s repair strategy and repair work undertaken to date does
not completely remediate all of the damage to the property and the second defendant has not taken sufficient steps to
settle the claim. The plaintiffs seek $115,000 (plus damages, interest and costs) from the first defendant and the
remainder of the over-cap cost (not yet quantified but inclusive of interest and costs) from the second defendant.
28/10/2016 Bill Dwyer:- solicitor for plaintiffs; Jai Moss:-
Counsel for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Emily Walton:- Wynn Williams, Second
Defendant
YES DISCONTINUED 19/09/2018
CIV-2016-409-001045 Scott-Harrison v Vero Insurance
New Zealand Limited
General
Proceeding
Property at Worcester Street, Christchurch. Covered under a Vero policy. Damaged in unspecified earthquakes. The
plaintiff says the defendant’s repair strategy does not completely remediate all of the damage to the property. The
plaintiff seeks the over-cap cost to remediate the property (not yet quantified but inclusive of interest and costs) from
the defendant.
28/10/2016 Grant Smith:- solicitor for plaintiffs; Jai Moss:-
Counsel for plaintiffs
Peter Hunt:- McElroys, Solicitor for defendant
YES DISCONTINUED 04/09/2018
CIV-2016-409-001025 Scott v IAG New Zealand
Limited
General
Proceeding
Property at Thornton Street, Mairehau. Covered under a State policy. Damaged in February 2011. The plaintiffs say
the defendant’s repair strategy and cash payment offer is insufficient to completely remediate all of the damage to the
property. The plaintiffs seek $796,863.72 (plus damages, interest and costs) from the defendant.
20/10/2016 Chris Boys:- Assure Legal, Plaintiffs
Aaron Sherriff:- Duncan Cotterill, Defendant
YEs DISCONTINUED 28/05/2018
CIV-2016-409-001024 Hood v Earthquake Commission
& IAG New Zealand Limited
General
Proceeding
Property at Tennyson Street, Sydenham. Covered under a BNZ bank policy. Damaged in September 2010 and
February 2011. The plaintiffs say the first defendant’s repair strategy and cash payment made does not completely
remediate all of the damage to the property and the second defendant has not taken sufficient steps to settle the
claim. The plaintiffs seek $219,270.23 (plus damages, interest and costs) from the first defendant and $325,671.37
(plus damages, interest and costs) from the second defendant.
20/10/2016 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Abby Bradford:- Young Hunter, Second
Defendant
YES DISCONTINUED 28/03/2018
CIV-2016-409-001023 Knowles v IAG New Zealand
Limited & FR 2012 Limited
General
Proceeding
(Repairs)
Property at Doreen Street, Aranui. Covered under a State policy. Damaged in February 2011. The plaintiffs say the
first defendant’s repair work undertaken to date does not completely remediate all of the damage to the property. The
plaintiffs seek $800,000 (plus damages, interest and costs) from the defendant.
20/10/2016 Fixture - 15 days - on
21/10/2019
Grant Shand:- Plaintiffs
Paul McGillivray:- Duncan Cotterill,
Defendant
Jai Moss, counsel for second defendant
Scott Galloway:- Hazelton Law, Third Parties
NO Ready List Entry Date: 13/03/2019
Fixture Date: 21/10/2019
Estimated Hearing Days: 15.0
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-001021 Ellis v Earthquake Commission
(Discontinued) & Southern
Response Earthquake Services
Limited
General
Proceeding
(Repairs)
Property at Cossar Street, Burwood. Covered under an AMI policy. Damaged in September 2010 and February 2011.
The plaintiffs say the first defendant’s repair work undertaken to date does not completely remediate all of the damage
to the property and the second defendant has not taken sufficient steps to settle the claim. The plaintiffs seek
$205,622.28 (plus damages, interest and costs) from the first defendant and the remainder of the over-cap cost (not
yet quantified but inclusive of interest and costs) from the second defendant.
19/10/2016 Andrew Ferguson: - Grant Shand Lawyers,
plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Richard Hargreaves:- Wynn Williams,
Second Defendant
YES DISCONTINUED 11/07/2018
CIV-2016-409-001013 Calder v Earthquake
Commission & Tower Insurance
Limited (Discontinued)
General
Proceeding
Property at South Belt, Rangiora. Covered under a Tower policy. Damaged in September 2010 and February 2011.
The plaintiff says the first defendant’s repair strategy does not completely remediate all of the damage to the property
and the second defendant has not taken sufficient steps to settle the claim. The plaintiff seeks $105,880.50 (plus
damages, interest and costs) from the first defendant and the remainder of the over-cap cost (not yet quantified, but
inclusive of interest and costs) from the second defendant.
14/10/2016 Bill Dwyer:- solicitor for plaintiffs; Jai
Moss/Arezou Nobari:- Counsel for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Martin Smith:- Gilbert Walker, Second
Defendant (Discontinued)
YES DISCONTINUED 18/01/2018
CIV-2016-409-001012 Anderson v Earthquake
Commission & Tower Insurance
Limited & Verry
General
Proceeding
(Repairs)
Property at Leyden Street, Phillipstown. Covered under ANZ Bank policy. Damaged in September 2010, February
2011 and December 2011. The plaintiffs claim was cash settled by the first defendant. The plaintiff contracted the
third defendant to do the repair works to the house. The plaintiff says the first defendant incorrectly assessed the
damage to the house and cost to repair the damage; the second defendant incorrectly rejected the plaintiffs request to
treat the claim as over-cap; and the third defendant was not a licenced building practitioner and did not reinstate the
damage to the property. The plaintiff seeks $113,850 (plus damages, interest and costs) from the first defendant; the
remainder of the reinstatement costs (plus damages, interest and costs) from the second defendant; and
$156,079.79 (plus damages, interest and costs) from the third defendant.
14/10/2016 Bill Dwyer:- solicitor for plaintiffs; Jai Moss:-
Counsel for plaintiffs
John Knight:- Chapman Tripp, First
Defendant (DISCONTINUED)
Matthew Harris:- Gilbert Walker, Second
Defendant
Andrew McKenzie:- Third Defendant
YES DISCONTINUED 31/08/2018
CIV-2016-409-001011 Slot v Tower Insurance Limited General
Proceeding
Property at Flockton Street, Mairehau. Covered under a Tower policy. Damaged in September 2010 and February
2011. The plaintiffs say the defendant has not taken sufficient steps to settle the claim. The plaintiffs seek the cost to
completely remediate all of the damage to the property (not yet quantified but inclusive of landscaping, temporary
accommodation, damages, interest and costs) from the defendant.
14/10/2016 Bill Dwyer:- solicitor for plaintiffs; Jai
Moss/Noor Hamid:- Counsel for plaintiffs
Matthew Harris:- Gilbert Walker, Defendant
YES DISCONTINUED 19/01/2017
CIV-2016-409-001010 Allan v Earthquake Commission
(discontinued) & Tower
Insurance Limited
General
Proceeding
Property at Derrett Place, St Martins. Covered under a Tower policy. Damaged in September 2010 and February
2011. The plaintiffs say the first defendant’s repair strategy does not completely remediate all of the damage to the
property and the second defendant has not taken sufficient steps to settle the claim. The plaintiffs seek $227,200
(plus damages, interest and costs) from the first defendant and $188,589.01 (plus landscaping, temporary
accommodation, interest and costs) from the second defendant.
14/10/2016 Bill Dwyer:- solicitor for plaintiffs; Arezou
Nobari/ Jai Moss/Noor Hamid:- Counsel for
plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Martin Smith:- Gilbert Walker, Second
Defendant
YES DISCONTINUED 11/12/2018
CIV-2016-409-001009 Sneesby v Earthquake
Commission & Southern
Response Earthquake Services
Limited (Discontinued)
General
Proceeding
(Repairs)
Property at Carters Road, Aranui. Covered under an AMI policy. Damaged in February 2011 and June 2011. The
plaintiff says the repairs undertaken to date by the first defendant do not completely remediate all of the damage to the
property and the second defendant has not taken sufficient steps to settle the claim. The plaintiff seeks $227,700
(plus damages, interest and costs) from the first defendant and the remainder of the over-cap cost (not yet quantified
but inclusive of interest and costs) from the second defendant.
14/10/2016 Self-represented, Plaintiff
John Knight/Nicole Burt: - Chapman Tripp,
First Defendant
YES DISCONTINUED 27/05/2019
CIV-2016-409-001008 Parnassus Properties Limited v
Earthquake Commission & Vero
Insurance New Zealand Limited
(Discontinued)
General
Proceeding
Property at Parnassus Street, Cheviot. Covered under a Vero policy. Damaged in February 2011. The plaintiff says
the first defendant’s repair strategy does not completely remediate all of the damage to the property and the second
defendant has not taken sufficient steps to settle the claim. The plaintiff seeks $107,738.17 (plus interest and costs)
from the first defendant and $292,484 (plus landscaping, lost rent, interest and costs) from the second defendant.
14/10/2016 Bill Dwyer:- solicitor for plaintiffs; Jai
Moss/Noor Hamid:- Counsel for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Stephanie Corban:- Hesketh Henry, Second
Defendant
YES DISCONTINUED 12/06/2018
CIV-2016-409-001007 Hood v Earthquake Commission
(Discontinued) & IAG New
Zealand Limited
General
Proceeding
Property at Hereford Street, Linwood. Covered under a NZI policy. Damaged in September 2010 and February 2011.
The plaintiffs say the first defendant’s scope of works does not completely remediate all of the damage to the property
and the second defendant has not taken sufficient steps to settle the claim. The plaintiffs seek $162,630.33 (plus
damages, interest and costs) from the first defendant and the remainder of the over-cap cost (not yet quantified but
inclusive of landscaping, stress payment, lost rent, interest and costs) from the second defendant.
14/10/2016 TC after 19/12/2019 Grant Shand:- Counsel for plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Catherine Jamieson:- Young Hunter, Second
Defendant
NO
CIV-2016-409-001006 Maxwell v Tower Insurance
Limited
General
Proceeding
1 of 4 properties in a set of units at Brittan Street, Linwood. Covered under a Tower policy. Damaged in September
2010 and February 2011. The plaintiff says the defendant initially elected to settle the claim by rebuilding the house.
As there were 3 other units at the address, IAG was later appointed as the lead insurer to oversee the rebuild process.
IAG then elected to cash settle with the owners. As such, the defendant refused to rebuild the property in accordance
with its original election. The plaintiff seeks $518,573.49 (plus damages, interest and costs) from the defendant.
14/10/2016 TC after 09/02/2020 R J Hopkins/ S N Hider:- Lane Neave,
Plaintiffs
Caroline Laband:- DLA Piper, Defendant
NO Ready List Entry Date: 28/06/2017
CIV-2016-409-001005 Murphy v Lumley General
Insurance (NZ) Limited
General
Proceeding
Property at Lionel Street, Avonside. Covered under a Lumley policy. Damaged in February 2011. The plaintiffs say the
defendant’s scope of works does not completely remediate all of the damage to the property. The plaintiffs seek
$1,119,312.04 (plus landscaping, alternative accommodation, stress payment, interest and costs) from the defendant.
14/10/2016 Bill Dwyer:- solicitor for plaintiffs; Jai
Moss/Zoe Caughey:- Counsel for plaintiffs
Paul Smith:- Duncan Cotterill, Defendant
YES DISCONTINUED 10/10/2018
CIV-2016-409-001003 Senior v Earthquake
Commission (Discon) &
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Old Tai Tapu Road, Tai Tapu. Covered under an AMI policy. Damaged in September 2010, February
2011 and December 2011. The plaintiff says the first defendant’s scope of works does not completely remediate all of
the damage to the property and the second defendant has not taken sufficient steps to settle the claim. The plaintiff
seeks $197,072.92 (plus damages, interest and costs) and the remainder of the over-cap cost (not yet quantified but
inclusive of interest and costs) from the second defendant.
12/10/2016 Bill Dwyer:- solicitor for plaintiffs; Jai
Moss/Zoe Caughey:- Counsel for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Emily Walton:- Wynn Williams, Second
Defendant
YES DISCONTINUED 06/06/2018
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-001002 Grainger v Earthquake
Commission & Southern
Response Earthquake Services
Limited (Discontinued)
General
Proceeding
(Repairs)
Property at Baynes Street, Burwood. Covered under an AMI policy. Damaged in December 2010, February 2011 and
December 2011. The plaintiffs say the repairs undertaken to date by the defendant do not completely remediate all of
the damage to the property and the second defendant has not taken sufficient steps to settle the claim. The plaintiffs
seek $115,000 (plus damages, interest and costs) from the first defendant and the remainder of the over-cap cost
(not yet quantified but inclusive of interest and costs) from the second defendant.
12/10/2016 Bill Dwyer:- solicitor for plaintiffs; Jai
Moss/Arezou Nobari:- Counsel for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
David Friar/Gabriella Garcia- Bell Gully,
Second Defendant
YES DISCONTINUED 23/10/2018
CIV-2016-409-000994 Worthington v Vero Insurance
New Zealand Limited
General
Proceeding
Property at Park Terrace, Christchurch. Covered under a Vero policy. Damaged in September 2010 and February
2011. The plaintiffs say the defendant’s scope of works does not remediate all of the damage and the economic
option is to rebuild the property. The plaintiffs seek $3,178,796.25 (plus damages, interest and costs) from the
defendant.
11/10/2016 Emily Walton:- Wynn Williams, Plaintiff
Cecily Brick:- Fee Langstone, Defendant
YES DISCONTINUED 17/04/2018
CIV-2016-409-000986 Kearns v Lumley General
Insurance (NZ) Limited
General
Proceeding
Property at Woodlands Place, Aranui. Covered under a Westpac bank policy. Damaged in September 2010 and
February 2011. The plaintiffs say the defendant’s scope of works does not completely remediate all of the damage
and the economic option is to rebuild the property. The plaintiffs seek $557,022.98 (plus damages, interest and costs)
from the defendant.
7/10/2016 Bill Dwyer:- solicitor for plaintiffs; Jai Moss/:-
Counsel for plaintiffs
Aaron Sherriff:- Duncan Cotterill, Defendant
YES DISCONTINUED 11/10/2018
CIV-2016-409-000981 Pemberton v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Caledonian Road, St Albans. Covered under an AMI policy. Damaged in September 2010 and February
2011. The plaintiffs say the defendant’s scope of works does not remediate all of the damage to the property. The
plaintiffs seek the over-cap cost (not yet quantified but inclusive of interest and costs) from the defendant.
5/10/2016 Bill Dwyer:- solicitor for plaintiffs; Jai
Moss/Zoe Caughey:- Counsel for plaintiffs
David Friar:- Bell Gully, Defendant
YES DISCONTINUED 28/11/2017
CIV-2016-409-000980 Fraser v Earthquake
Commission
General
Proceeding
Property at Wyon Street, Linwood. Covered under a National Bank policy. Damaged in September 2010, February
2011, June 2011 and May 2012. The plaintiff says the defendant’s scope of works does not completely remediate all
of the damage to the property. The plaintiff seeks $387,428.95 (plus damages, interest and costs) from the defendant.
5/10/2016 Bill Dwyer:- solicitor for plaintiffs; Jai
Moss/Zoe Caughey:- Counsel for plaintiffs
John Knight:- Chapman Tripp, Defendant
YES DISCONTINUED 15/08/2017
CIV-2016-409-000979 Weaver v Earthquake
Commission
General
Proceeding
(Repairs)
Property at Wyon Street, Linwood. Covered under a National Bank Policy. Damaged in September 2010, February
2011, June 2011 and February 2016. The plaintiff says the repairs undertaken by the defendant do not completely
remediate all of the damage to the property. The plaintiff seeks judgment for an amount to be determined up to
$115,000 for each of the four earthquake claims (plus damages, interest and costs) from the defendant.
4/10/2016 Bill Dwyer:- solicitor for plaintiffs; Jai Moss:-
Counsel for plaintiffs
John Knight:- Chapman Tripp, Defendant
YEs DISCONTINUED 03/08/2018
CIV-2016-409-000977 Stevenson v Earthquake
Commission & Southern
Response Earthquake Services
Limited (Discontinued)
General
Proceeding
Property at Breezes Road, Aranui. Covered under an AMI policy. Damaged in September 2010, February 2011 and
June 2011. The plaintiff says the first defendant’s repair strategy does not completely remediate all of the damage to
the property and the second defendant has not taken sufficient steps to settle the claim. The plaintiff seeks
$339,369.99 (plus damages, interest and costs) from the first defendant and the remainder of the over-cap cost (not
yet quantified but inclusive of interest and costs) from the second defendant.
4/10/2016 self-represented, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
David Friar:- Bell Gully, Second Defendant
YES DISCONTINUED 12/06/2019
CIV-2016-409-000971 Nolan v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Karaka Place, Somerfield. Covered under an AMI policy. Damaged in unspecified earthquakes. The
plaintiff says the defendant’s scope of works does not completely remediate all of the damage to the property. The
plaintiff seeks the over-cap cost to remediate the property (not yet quantified but inclusive of interest and costs) from
the defendant.
3/10/2016 Bill Dwyer:- solicitor for plaintiffs; Jai
Moss/Noor Hamid:- Counsel for plaintiffs
Peter Leman:- DLA Piper, Defendant
YES DISCONTINUED 17/10/2017
CIV-2016-409-000970 Williams v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Union Street, New Brighton. Covered under an AMI policy. Damaged in September 2010, February 2011,
April 2011 and December 2012. The plaintiff says the defendant’s scope of works does not completely remediate all
of the damage to the property. The plaintiff seeks the cost to remediate the property (not yet quantified but inclusive of
damages, interest and costs) from the defendant.
3/10/2016 Bill Dwyer:- solicitor for plaintiffs; Jai
Moss/Zoe Caughey:- Counsel for plaintiffs
Peter Leman:- DLA Piper, Defendant
YES DISCONTINUED 02/06/2017
CIV-2016-409-000967 Steele v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Colombo Street, St Albans. Covered under an IAG policy. Damaged in February 2011. The plaintiff says
the first defendant’s scope of works does not completely remediate all of the damage to the property and the second
defendant has not taken steps to settle the claim. The plaintiff seeks $109,704.55 (plus damages, interest and costs)
from the first defendant and $1,133,040 (plus damages, interest and costs) from the second defendant.
3/10/2016 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Peter Leman:- DLA Piper, Second
Defendant
YES DISCONTINUED 04/09/2017
CIV-2016-409-000962 McLachlan v Earthquake
Commission & AA Insurance
General
Proceeding
(Repairs)
Property at Warden Street, Richmond. Covered under an AA policy. Damaged in September 2010, February 2011,
June 2011 and December 2011. The plaintiffs say the repairs undertaken by the first defendant do not completely
remediate all of the damage to the property and the second defendant has not taken steps to settle the claim. The
plaintiffs seek $113,850 (plus damages, interest and costs) from the first defendant and the remainder of the over-cap
cost (not yet quantified but inclusive of interest and costs) from the second defendant.
30/09/2016 Bill Dwyer:- solicitor for plaintiffs; Jai Moss:-
Counsel for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Alan Sherlock:- Hesketh Henry, Second
Defendant
YES DISCONTINUED 26/07/2018
CIV-2016-409-000961 Tarling v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
(Repairs)
Property at Mays Road, St Albans. Covered under a NZI policy. Damaged in September 2010 and February 2011.
The plaintiff says the repairs undertaken to date by the first defendant do not completely remediate all of the damage
to the property and the second defendant has not taken sufficient steps to settle the claim. The plaintiff seeks
$227,700 (plus damages, interest and costs) from the first defendant and the remainder of the over-cap cost (not yet
quantified but inclusive of interest and costs) from the second defendant.
29/09/2016 Bill Dwyer:- solicitor for plaintiffs; Jai Moss:-
Counsel for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Laura McLoughlin-Ware:- Duncan Cotterill,
Second Defendant
YES DISCONTINUED 22/08/2018
CIV-2016-409-000960 39 On Marriotts Limited v Tower
Insurance Limited
General
Proceeding
Property at Marriotts Road, North New Brighton. Covered under a National Bank policy. Damaged in September
2010, December 2010, February 2011 and December 2011. The plaintiff says the defendant’s repair strategy does
not completely remediate all of the damage to the property. The plaintiff seeks the cost to remediate the damage (not
yet quantified but inclusive of interest and costs) from the defendant.
29/09/2016 Bill Dwyer:- solicitor for plaintiffs; Jai
Moss/Gary Davis:- Counsel for plaintiffs
Martin Smith:- Gilbert Walker, Defendant
YES DISCONTINUED 02/02/2018
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-000955 Lundy & Bates v Tower
Insurance Limited
General
Proceeding
Property at Petrie Street, Richmond. Covered under a National Bank policy. Damaged in September 2010 and
February 2011. The plaintiffs say the defendant’s repair strategy does not completely remediate all of the damage to
the property. The plaintiffs seek the over-cap cost to remediate the property (not yet quantified but inclusive of
damages, interest and costs) from the defendant
28/09/2016 Bill Dwyer:- solicitor for plaintiffs; Jai
Moss/Gary Davis:- Counsel for plaintiffs
Martin Smith:- Gilbert Walker, Defendant
YES DISCONTINUED 02/02/2018
CIV-2016-409-000954 Fraser v Earthquake
Commission (Discontinued) &
Tower Insurance Limited
General
Proceeding
(Repairs)
Property at Seascape Gardens, Bromley. Covered under a Kiwibank policy. Damaged in September 2010 and
February 2011. The plaintiff says the first defendant’s scope of work and limited repairs undertaking to date do not
completely remediate all of the damage to the property and the second defendant has not taken steps to settle the
claim. The plaintiff seeks $230,000 (plus damages, interest and costs) from the first defendant and $270,000 (plus
damages, interest and costs) from the second defendant
27/09/2016 self represented- Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Matthew Harris:- Gilbert Walker, Second
Defendant
YES TRANSFERRED TO CANTERBURY
EARTHQUAKE INSURANCE TRIBUNAL
30/10/2019 - consented
Ready List Entry Date: 19/02/2019
CIV-2016-409-000942 Beaumont v Earthquake
Commission & Southern
Response (Discontinued)
Earthquake Services Limited
General
Proceeding
(Repairs)
Property at Leonie Place, Aranui. Covered under an AMI policy. Damaged in September 2010 and February 2011.
The plaintiff says the first defendant’s repairs undertaken to date do not completely remediate all of the damage to the
property and the second defendant has not taken steps to settle the claim. The plaintiff seeks $225,423 (plus
damages, interest and costs) from the first defendant and the remainder of the over-cap cost (not yet quantified but
inclusive of interest and costs) from the second defendant.
27/09/2016 Bill Dwyer:- solicitor for plaintiffs; Jai Moss
and Arezou Nobari:- Counsel for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
David Friar/Gabriella Garcia:- Bell Gully,
Second Defendant (Discontinued)
YES DISCONTINUED 12/03/2018
CIV-2016-409-000921 Thomson v Earthquake
Commission (Discontinued) &
Lumley General Insurance
(N.Z.) Limited
General
Proceeding
(Repairs)
Property at Carteret Place, Aranui. Covered under a Westpac bank policy. Damaged in February 2011, June 2011.
The plaintiff says the defendant’s scope of work and limited repairs do not completely remediate all of the damage to
the property and the second defendant has not taken steps to settle the claim. The plaintiff seeks $227,700 (plus
damages, interest and costs) from the first defendant and the remainder of the over-cap cost (not yet quantified but
inclusive of landscaping, temporary accommodation, stress payment, interest and costs) from the second defendant.
22/09/2016 Bill Dwyer:- solicitor for plaintiffs; Jai
Moss/Zoe Caughey:- Counsel for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Catherine Jamieson:- Young Hunter, Second
Defendant
YES DISCONTINUED 01/05/2018
CIV-2016-409-000919 Manhire v Rebuild Me Limited &
Earthquake Commission &
Lumley General Insurance
(N.Z.) Limited (Discontinued)
General
Proceeding
(Repairs)
Property at Baynes Street, Burwood. Covered under a Westpac bank policy. Damaged in February 2011. The plaintiff
says they opted out of EQC managed repair and nominated the first defendant to undertake the remedial work. The
plaintiff says the repairs undertaken by the first and second defendants do not completely remediate all of the damage
to the property and the third defendant has not taken steps to settle the claim. The plaintiff seeks the cost to remediate
the property (not yet quantified but inclusive of damages, interest and costs) from the first defendant, $115,000 (plus
damages, interest and costs) from the second defendant and $285,000 (plus damages, interest and costs) from the
third defendant
22/09/2016 TC after 01/02/2020 Roger Sandford, MDS Law:- Plaintiffs
Tyler Brown:- Saunders Robinson Brown,
First Defendant
Nathaniel Walker, Russell McVeagh, Second
Defendant
Christopher Shannon:- Duncan Cotterill,
Third Defendant
NO
CIV-2016-409-000917 Weeks & Independent Trustees
(Canterbury) Limited v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Martindales Road, Heathcote. Covered under an AMI policy. Damaged in February 2011 and June 2011.
The plaintiffs say the defendant’s repair strategy does not completely remediate all of the damage to the property. The
plaintiff seeks $368,040.19 (plus interest and costs) from the defendant.
21/09/2016 Bill Dwyer:- solicitor for plaintiffs; Jai
Moss/Noor Hamid:- Counsel for plaintiffs
Emily Walton:- Wynn Williams, Defendant
YES DISCONTINUED 19/02/2018
CIV-2016-409-000915 Van Polanen v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
(Repairs)
Property at Shortland Street, Aranui. Covered under a State policy. Damaged in September 2010, February 2011 and
June 2011. The plaintiff says the repairs undertaken by the defendant do not completely remediate all of the damage
to the property and the second defendant has not taken steps to settle the claim. The plaintiff seeks $341,550 (plus
damages, interest and costs) from the first defendant and the remainder of the over-cap cost (not yet quantified but
inclusive of landscaping, temporary accommodation, stress payment, interest and costs) from the second defendant
14/09/2016 Noor Hamid/Jared Higby:- St Asaph
Chambers, Plaintiff
John Knight and David Neild- Chapman
Tripp, First Defendant
Chris Hlavac:- Young Hunter, Second
Defendant
YES DISCONTINUED 07/11/2018
CIV-2016-409-000908 Cadigan & Roberts v Tower
Insurance Limited
General
Proceeding
Property at Idris Road, Fendalton. Covered under a Tower policy. Damaged in September 2010 and February 2011.
The plaintiffs say the defendant’s scope of works does not completely remediate all of the damage to the property.
The plaintiffs seek $1,245,248 (plus damages, interest and costs) from the defendant.
20/09/2016 Oliver Roberts/Laura McGloughlin-Ware:-
solicitor for plaintiffs; and B G Walker,
counsel acting for plaintiffs
Matthew Harris:- Gilbert Walker, Defendant
YES DISCONTINUED 26/04/2018
CIV-2016-409-000892 Suter-Smith v Earthquake
Commission (Discontinued) &
Lumley General Insurance (NZ)
Limited
General
Proceeding
Property at Blake Street, New Brighton. Covered under a Westpac bank policy. Damaged in September 2010,
February 2011, June 2011 and December 2011. The plaintiff says the first defendant’s repair strategy does not
completely remediate all of the damage to the property and the second defendant has not taken steps to settle the
claim. The plaintiff seeks $110,274.16 (plus damages, interest and costs) from the first defendant and $510,128.12
(plus landscaping, temporary accommodation, stress payment, interest and costs) from the second defendant.
19/09/2016 Bill Dwyer:- solicitor for plaintiffs; Jared Higby:-
Counsel for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Rob Coltman:- Duncan Cotterill, Second
Defendant
YES DISCONTINUED 29/03/2019
CIV-2016-409-000891 Beckett v Earthquake
Commission & Lumley General
Insurance (N.Z.) Limited
General
Proceeding
Property at Wyon Street, Linwood. Covered under Westpac Bank policy. The plaintiff says the first defendant is
treating the house as an under-cap repair and the second defendant has obtained three separate expert reports
which come to different conclusions about repair strategies. The plaintiff says the foundations need to be rebuilt. The
plaintiff alleges that the parties entered into the contract of insurance by mutual mistake and that the terms of the
policy should be amended under the Contractual Mistakes Act 1977 to cover the actual floor area of the house. The
plaintiff seeks reinstatement costs (yet to be quantified) against both defendants and an order that the contract of
insurance be amended to cover the full extent of the house.
19/09/2016 Bill Dwyer:- solicitor for plaintiffs; Jai
Moss/Zoe Caughey:- Counsel for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
:- DLA Piper, Second Defendant
YES DISCONTINUED 26/10/2017
CIV-2016-409-000890 Seelen v Earthquake
Commission & Lumley General
Insurance (N.Z.) Limited
General
Proceeding
(Repairs)
Property at Rookwood Avenue, New Brighton. Covered under a Westpac bank policy. Damaged in September 2010,
February 2011, June 2011 and December 2011. The plaintiffs say the repairs undertaken by the defendant do not
completely remediate the damage to the property and the second defendant has not taken steps to settle the claim.
The plaintiffs seek $455,400 (plus damages, interest and costs) from the first defendant and the remainder of the over-
cap cost (not yet quantified but inclusive of landscaping, stress payment, interest and costs) from the second
defendant.
16/09/2016 TC after 17/02/2020 Andrew Ferguson:- Counsel for plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Daniel Weatherley:- Young Hunter, Second
Defendant
NO
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-000888 100 Investments Limited v IAG
New Zealand Limited
General
Proceeding
Properties at Lichfield Street, Christchurch. Covered under an IAG policy. Damaged in September 2010, December
2010 and February 2011. The plaintiff says the defendant has not taken steps to settle the claim. The plaintiff seeks
$3,794,979.98 (plus interest and costs) from the defendant.
14/09/2016 Grant Smith:- solicitor for plaintiffs; and Paul
Michalik, counsel acting for plaintiffs
Chris Hlavac:- Young Hunter, Defendant
YES JUDGMENT - DEFENDED HEARING
11/12/2018
CIV-2016-409-000887 Smith v Tower Insurance
Limited
General
Proceeding
Property at Saint Heliers Crescent, Aranui. Covered under a Tower policy. Damaged in September 2010 and
February 2011. The plaintiff says the defendant’s repair strategy does not completely remediate all of the damage to
the property. The plaintiff seeks $545,755.43 (plus damages, temporary accommodation, interest and costs) from the
defendant.
13/09/2016 Grant Shand:- Counsel for Plaintiffs
Matthew Harris/Lucy McGillivray:- Gilbert
Walker, Defendant
YES DISCONTINUED 07/05/2018
CIV-2016-409-000886 Tololi v Earthquake Commission
& AA Insurance Limited
General
Proceeding
(Repairs)
Property at Mairehau Road, Burwood. Covered under an AAI policy. Damaged in February 2011. The plaintiffs say
the repairs undertaken by the first defendant do not completely remediate all of the damage to the property and the
second defendant has not taken steps to settle the claim. The plaintiffs seek $113,850 (plus damages, interest and
costs) from the first defendant and $485,000 (plus damages, interest and costs) from the second defendant.
9/09/2016 Grant Shand:- Counsel for Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Alan Sherlock:- Hesketh Henry, Second
Defendant
YES DISCONTINUED 07/08/2018
CIV-2016-409-000885 Moody v Earthquake
Commission & Lumley General
Insurance (N.Z.) Limited
General
Proceeding
(Repairs)
Properties at Bampton Street, Burwood. Covered under a Westpac bank policy. Damaged in February 2011. The
plaintiffs say the repairs undertaken by the first defendant do not completely remediate all of the damage to the
property and the second defendant has not taken steps to settle the claim. The plaintiffs seek $115,000 (plus
damages, interest and costs) from the first defendant and $735,000 (plus damages, interest and costs) from the
second defendant.
9/09/2016 Grant Shand:- Counsel for Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Sophie Merkin- DLA Piper, Second
Defendant
YES DISCONTINUED 29/07/2019
CIV-2016-409-000871 Fenwick v Tower Insurance
Limited
General
Proceeding
Property at Rutland Street, Saint Albans. Covered under a Tower policy. Damaged in all earthquakes. The plaintiff
says the defendant’s partial payment and repair strategy does not completely remediate all of the damage to the
property. The plaintiff seeks $1,662,050.01 (plus stress payment, interest, costs and other policy entitlements) from
the defendant.
7/09/2016 Bill Dwyer:- solicitor for plaintiffs; Jai
Moss/Zoe Caughey:- Counsel for plaintiffs
Martin Smith/Lucy McGillivray:- Gilbert
Walker, Defendant
YES DISCONTINUED 09/07/2018
CIV-2016-409-000866 Toogood v Earthquake
Commission & Lumley General
Insurance (N.Z) Limited
General
Proceeding
(Repairs)
Properties at Huntsbury Avenue, Wilsons Road and Claxton Place, St Martins. Covered under a Westpac bank policy.
Damaged in February 2011. The plaintiffs say the repairs conducted by the first defendant do not completely
remediate all of the damage to the property and the second defendant has not taken steps to settle the claim. The
plaintiffs seek $105,961.97 (plus damages, interest and costs) from the first defendant and $580,587.32 (plus
damages, interest, costs and other policy entitlements) from the second defendant.
6/09/2016 TC after 03/04/2020 Grant Shand:- Counsel for Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Rick Hargreaves:- Duncan Cotterill, Second
Defendant
NO
CIV-2016-409-000865 Prebbleton Hotel Limited v
Earthquake Commission & Vero
Insurance New Zealand Limited
(Discontinued)
General
Proceeding
Property at Springs Road, Prebbleton. Covered under a Vero policy. Damaged in all earthquakes. The plaintiff says
the first defendant’s repair strategy does not completely remediate all of the damage to the property and the second
defendant has not taken steps to settle the claim. The plaintiff seeks $115,000 (plus interest and costs) from the first
defendant and the remainder of the over-cap cost (not yet quantified but inclusive of interest and costs) from the
second defendant.
5/09/2016 Bill Dwyer:- solicitor for plaintiffs; and Jared
Higby, counsel acting for plaintiffs
John Knight/Chloe Fleming- Chapman Tripp,
First Defendant
Peter Hunt:- McElroys, Second Defendant
YES DISCONTINUED 03/04/2019
CIV-2016-409-000864 Millar v Lumley General
Insurance (N.Z) Limited
General
Proceeding
Property at Bower Avenue, North New Brighton. Covered under a Westpac bank policy. Damaged in February 2011
and December 2013. The plaintiff says the defendant’s scope of works does not completely remediate all of the
damage to the property. The plaintiff seeks $856,535.55 (plus stress payment, temporary accommodation, damage,
interest and costs) from the defendant.
6/09/2016 Grant Shand:- Counsel for Plaintiffs
Peter Leman:- DLA Piper, Defendant
YES DISCONTINUED 17/05/2018
CIV-2016-409-000863 Miles & Currie (as trustees of the
Miles Family Trust) v Earthquake
Commission (Discontinued) &
Southern Response Earthquake
Services Limited (Discontinued)
General
Proceeding
Property at Worcester Street, Linwood. Covered under an AMI policy. Damaged in September 2010 and February
2011. The plaintiffs say the first defendant’s repair strategy does not completely remediate all of the damage to the
property and the second defendant has not taken steps to settle the claim. The plaintiffs seek $165,793.85 (plus
damages, interest and costs) from the first defendant and the remainder of the over-cap cost (not yet quantified but
inclusive of interest and costs) from the second defendant.
5/09/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss, counsel acting for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Caroline Laband:- DLA Piper, Second
Defendant
YES DISCONTINUED 09/02/2018
CIV-2016-409-000862 Opinions Market Research
Limited v QBE Insurance
(International ) Limited
General
Proceeding
Claim in respect of two commercial premises at Lichfield Street, Christchurch Central and Esplanade, Sumner. The
plaintiff says the defendant has failed or refused to pay the plaintiffs loss through business interruption, contents, loss
of employee and personal effects. The plaintiff seeks payment for its losses in terms of sums yet to be quantified.
5/09/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Noor Hamid, counsel acting for
plaintiffs
Virginia Wethey:- Fee Langstone, Defendant
YES DISCONTINUED 30/08/2019
CIV-2016-409-000861 Edwards & Teague (as trustees)
v IAG New Zealand Limited &
Vero Insurance New Zealand
Limited & Lumley General
Insurance (N.Z.) Limited &
Allianz New Zealand Limited
General
Proceeding
Property at Cranford Street, Redwood. Covered under an Aon policy. Damaged in September 2010, February 2011,
June 2011 and December 2011. The plaintiffs say the defendants have not taken steps to settle the claim. The
plaintiffs seek the cost to remediate the property (not yet quantified but inclusive of interest and costs) from the
defendants.
5/09/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/, counsel acting for plaintiffs
Linda Hui:- DLA Piper, Defendant
YES DISCONTINUED 24/06/2019
CIV-2016-409-000860 Trevor Kite, Anne-Marie Kite &
Marriotts Trustee Company
Limited (as trustees) v Tower
Insurance Limited
General
Proceeding
Property at Balmoral Lane, Redcliffs. Covered under Tower policy. Damaged in September 2010, February 2011 and
June 2011. The plaintiffs say it will cost $3,339,314 to reinstate the property. The plaintiffs seek reinstatement costs
(minus EQC payments), expenditure on consultants, damages, interest and costs from the defendant.
2/09/2016 Emily J Walton and Pip R Allan:- Wynn
Williams, plaintiffs
YES DISCONTINUED 24/11/2016
CIV-2016-409-000859 Body Corporate 353330 v
Zurich Australian Insurance
Limited
General
Proceeding
Property at Watts Road, Sockburn. Covered pursuant to policy schedule prepared by Crombie Lockwood and insured
by the defendant. The plaintiff says the building can be repaired at a cost of $6,141,000 (plus GST). The plaintiff
seeks judgment for the reinstatement cost of the damage plus interest and costs.
2/09/2016 John Abbott:- solicitor for plaintiffs and Jai
Moss, counsel acting for plaintiffs
Antony Holden:- DAC Beachcroft, Defendant
YES DISCONTINUED 11/09/2018
CIV-2016-409-000858 Macey v Earthquake
Commission & Southern
Response Earthquake Services
Limited (Discontinued)
General
Proceeding
(Repairs)
Property at Mathesons Road, Phillipstown. Covered under an AMI policy. Damaged in December 2010 and February
2011. The plaintiff says the repairs undertaken by the defendant do not completely remediate all of the damage to the
house and the second defendant has not taken steps to settle the claim. The plaintiff seeks $188,140 (plus damages,
interest and costs) from the first defendant and the remainder of the over-cap cost (not yet quantified, but inclusive of
interest and costs) from the second defendant.
2/09/2016 Noor Hamid, counsel acting for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Adam Holloway:- DLA Piper, Second
Defendant
YES DISCONTINUED 14/12/2018
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-000857 Jian & Guan v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Gloucester Street, Linwood. Covered under an ASB bank policy. Damaged in September 2010 and
February 2011. The plaintiffs say the defendant’s scope of works does not completely remediate all of the damage to
the property and the second defendant has not taken steps to settle the claim. The plaintiffs seek $153,541.07 (plus
damages, interest and costs) from the first defendant and the remainder of the over-cap cost (not yet quantified, but
inclusive of landscaping, stress payment, interest and costs) from the second defendant.
2/09/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Noor Hamid, counsel acting for
plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Catherine Jamieson/Bridget Read:- Young
Hunter, Second Defendant
YES DISCONTINUED 15/02/2018
CIV-2016-409-000856 Serenada Lodge Limited v IAG
New Zealand Limited
General
Proceeding
(Repairs)
Property at Foothills Road, Okuku. Covered under a NZI policy. Damaged in all earthquakes. The plaintiff says the
repairs undertaken by the defendant do not completely remediate all of the damage to the property. The plaintiff seeks
the cost reinstate the property (not yet quantified but up to $2,376,000 per event plus interest and costs) from the
defendant.
2/09/2016 Fixture, 10 days after
01/06/2020
Ngaire Smith:- solicitor for plaintiffs; and Jai
Moss/Gary Davis, counsel acting for plaintiffs
Rob Coltman:- Duncan Cotterill, Defendant
NO
CIV-2016-409-000854 Dobbie v Tower Insurance
Limited
General
Proceeding
Property at Barbadoes Street, Edgeware. Covered under a Tower policy. Damaged in all earthquakes. The plaintiff
says the defendant has not taken sufficient steps to settle the claim. The plaintiff seeks the over-cap cost to remediate
the property (not yet quantified but inclusive of landscaping, temporary accommodations, interest and costs) from the
defendant.
2/09/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Noor Hamid, counsel acting for
plaintiffs
Matthew Harris:- Gilbert Walker, Defendant
YES DISCONTINUED 22/06/2018
CIV-2016-409-000852 Body Corporate 332362 and
Ors v AIG Insurance New
Zealand Limited
General
Proceeding
Claim in respect of unit title property at Symes Road, Wigram. The plaintiffs say the defendants assessment of the
reinstatement cost is inaccurate. The plaintiffs say reinstatement will cost over $1,000,000 but the defendant has only
assessed the reinstatement cost as $619,098.13.
2/09/2016 Michael Wolff:-Morrison Kent, Plaintiffs
Antony Holden:- DAC Beachcroft, Defendant
YES DISCONTINUED 11/09/2018
CIV-2016-409-000851 De Zwart Properties Limited v
Certain Syndicates at Lloyds of
London & Chubb Insurance
New Zealand Limited
General
Proceeding
Property at Norwich Quay, Lyttelton used for purposes of a hotel. Damaged in September 2010, February 2011 and
June 2011. The plaintiff says the defendants have failed or refused to meet their obligations under the policy because
they have only offered to settle the claim for an amount less than the reinstatement cost. The plaintiff seeks
declarations that the defendants must pay the reinstatement cost up to the sum insured on a per-event basis.
2/09/2016 Ben M Russell/Robin Kay:- Lane Neave,
Plaintiffs
Antony Holden:- DAC Beachcroft, Defendant
YES DISCONTINUED 10/10/2017
CIV-2016-409-000850 Every Nation Christchurch
Charitable Trust v AIG Insurance
New Zealand Limited
General
Proceeding
Property at Lochee Road, Upper Riccarton. The plaintiff says the defendant refused to accept a repair metholodgy
proposed by the plaintiffs experts. Further, the plaintiff says the defendant suggested it will decline the claim for
insurance because the plaintiff has not carried out repairs with reasonable dispatch despite being unable to begin
repairs until approved by the defendant. The plaintiff seeks a declaration that the defendant is liable for the full cost to
resinstate the property in accordance with the plaintiffs expert reports.
2/09/2016 Rebecca J Hopkins/Sarah Copeland:- Lane
Neave, Plaintiffs
Andrew Moore/Antony Holden:- Wotton
Kearney, Defendant
YES DISCONTINUED 09/04/2018
CIV-2016-409-000849 Selway v QBE Insurance
(International) Ltd
General
Proceeding
Claim in respect of property at Lichfield Street, Christchurch Central. Covered under sum-insured business insurance
policy with the defendant. The building was demolished after the February 2011 earthquake because it was deemed
unsafe by the Christchurch City Council. The plaintiffs say the defendant has failed to pay for material damage to the
building, capital additions, employee personal effects, protection costs, business interruption and claims preparation
costs. The plaintiffs seeks orders that the defendant must indemnify the plaintiffs up to the maximum sum-insured for
each event.
2/09/2016 Jai Moss, counsel acting for plaintiffs
Craig Langstone/Virginia Wethey- Fee
Langstone, Defendant
YES DISCONTINUED 30/05/2018
CIV-2016-409-000848 Cowey v IAG New Zealand
Limited
General
Proceeding
Claim in respect of one unit of a unit complex at Chester Street East, Christchurch Central. The plaintiff says the
insurance rights were assigned to the vendor from which the property was purchased, then subsequently assigned to
the plaintiff. The plaintiff says the defendant agreed that the units have to be rebuilt but told the plaintiff that due to the
assignment of the insurance rights that the maximum entitlement under the policy is payment of market value at the
date that the loss occurred. The plaintiff seeks a declaration that the full terms of the policy are applicable to the
plaintiffs insurance claim.
2/09/2016 Mark Brown, Geddes & Maciaszek and
Richard Johnstone, Barrister Plaintiffs
Paul Smith:- Duncan Cotterill, Defendant
YES WAS STAYED on 04/09/2017;
DISCONTINUED 17/09/2019
CIV-2016-409-000847 Annex Developments Limited v
IAG New Zealand Limited &
Peter J. Taylor & Associates
Limited
General
Proceeding
Claim in respect of a number of commercial buildings in Woolston. Covered under NZI policy. The plaintiff entered into
a settlement agreement with the first defendant based on the belief that the aggregate amount of insurance was
capped at one payment for the sum insured amount. The plaintiff seeks to set aside this agreeement due to mutual
mistake of the parties. The plaintiff will quantify its claim before trial.
2/09/2016 Simon Munro:- Anderson Lloyd, Plaintiffs
Chris Hlavac:- Young Hunter, First
Defendant
Kevin Muir:- Morgan Coakle, Second
Defendant
YES DISCONTINUED 01/06/2017
CIV-2016-409-000846 Scenic Circle Hotels Limited,
Body Corporate 73459 & Zurich
Australian Insurance Limited v
Earthquake Commission
General
Proceeding
Property at Kilmore Street, Christchurch Central comprising hotel suites and apartments. The third plaintiff is an
insurance company that settled the other plaintiffs claims and was assigned the insurance rights against the
defendant. The third plaintiff seeks recovery from the defendant through its assigned rights and through subrogated of
the other plaintiffs rights. The plaintiffs seek judgment in the amount of the defendants liability under Earthquake
Commission Act 1993 to be quantified prior to trial.
2/09/2016 Anthony Holden:- DAC Beachcroft, Plaintiffs
Antony Holden:- DAC Beachcroft, First
Defendant
John Knight:- Chapman Tripp, Second
Defendant
YES DISCONTINUED 19/07/2017
CIV-2016-409-000845 Bruce Printing Co Limited v
QBE Insurance (International )
Ltd
General
Proceeding
Claim in respect of a commercial building in Burnett Street, Ashburton. Covered under material damage and business
interruption policy. The plaintiffs seek declarations that the policy should be applied on a per-event basis and that the
material damage and business interruption losses should be calculated based on expert reports provided by the
plaintiffs.
2/09/2016 S P Rennie/ AGM Whalan:- Plaintiffs YES DISCONTINUED 18/10/2016
CIV-2016-409-000843 Body Corporate 73209 v Certain
Underwriters at Lloyds of
London
General
Proceeding
Property at Maces Road, Bromley. The plaintiff says the property was damaged by earthquake and that the defendant
has not reinstated the property. The plaintiff seeks a declaration that the damage to the property must be reinstated to
the policy standard.
2/09/2016 A N Riches:- Plaintiffs
Caroline Laband:- DLA Piper, Defendant
YES DISCONTINUED 20/06/2019
CIV-2016-409-000842 King & Christey-King v
Earthquake Commission & IAG
New Zealand Limited
General
Proceeding
Property consisting warehouses at Oakford Close, Riccarton. Covered under IAG policy. The plaintiffs say the
defendants have breached their obligations under Earthquake Commission Act 1993 and the policy by failing to pay
for the repair works required to reinstate the building. The plaintiffs seek declarations that the defendants are liable to
pay the cost of repairs and other requisite works.
2/09/2016 G J Ryan:- Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Caroline Laband /Sophie Merkin:- DLA Piper,
Second Defendant
YES DISCONTINUED 30/10/2019
Ready List Entry Date: 03/05/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-000841 Body Corporate 394768 v IAG
New Zealand Limited & Bates
Building Limited
General
Proceeding
Property consisting warehouses at Foremans Road, Islington. Covered under IAG policy. The plaintiff says the
defendant has breached the policy by failing to pay for the repair works required to reinstate the building. The plaintiff
seeks declarations that the defendant is liable to pay the cost of repairs and other requisite works.
2/09/2016 G J Ryan:- Plaintiffs
Paul McGillivray:- Duncan Cotterill,
Defendant
Andrew Riches:- Saunders & Co, Solicitor for
the third party
YES DISCONTINUED 01/10/2019
Ready List Entry Date: 30/05/2019
CIV-2016-409-000840 Body Corporate 396350 v Vero
Insurance New Zealand
Limited, Vero Liability Insurance
Limited, New Zealand Insurance
Limited & IAG New Zealand
Limited
General
Proceeding
Property at 6 Cone Street, Rangiora. The property consists of commercial units within three buildings. Covered under
a policy with all of the defendants. Damaged in September 2010, December 2010, February 2011, June 2011 and
December 2011. The plaintiff says the defendant has breached the policy by failing to pay the cost of repairs. The
plaintiff seeks declarations that the defendant is obligated to carry out the repair works and any other requisite works
to reinstate the building.
2/09/2016 G J Ryan:- Plaintiffs
Alan Sherlock:- Hesketh Henry, Defendants
YES DISCONTINUED 23/10/2019
CIV-2016-409-000839 Santa Harvs Limited v Vero
Insurance New Zealand Limited
General
Proceeding
Claim in respect of a hotel at Papanui Road, Merivale. Covered under a Vero policy for plant and contents. The
plaintiff says the defendant with the building owner has proposed a repair methodology that will result in damage to
the plaintiffs plant and contents. The plaintiff says this is a manifestation of an intention to breach the policy of
insurance. The plaintiff seeks the replacement value sum of $172,500, loss of rent, damages, interest and costs from
the defendant.
2/09/2016 B R D Burke:- Plaintiffs
Peter Hunt:- McElroys, Defendant
YES DISCONTINUED 24/08/2017
CIV-2016-409-000838 Body Corporate 346032 v
Lumley General Insurance (NZ)
Limited
General
Proceeding
(Repairs)
Property consisting of 24 units in two buildings at Tanya Street, Bromley. Covered under Lumely policy. The plaintiff
says the defendant has breached the policy by failing to pay for the repair works required to reinstate the building. The
plaintiff seeks declarations that the defendant is liable to pay the cost of repairs and other requisite works.
2/09/2016 TC after 28/04/2020 Stuart Stock, White Fox and Jones:-
Plaintiffs
Peter Leman:- DLA Piper, Defendant
NO
CIV-2016-409-000837 Body Corporate 73283 v IAG
New Zealand Limited
General
Proceeding
Claim in respect of unit title property at Gasson Street, Sydenham. Covered under IAG policy. The plaintiff says the
defendant has failed or refused to pay for the required repair works to the building. The plaintiff seeks declarations that
the defendant is obligated to carry out the repair works and any other requisite works to reinstate the building.
2/09/2016 G J Ryan:- Plaintiffs
Chris Hlavac:- Young Hunter, Defendant
YES DISCONTINUED 11/09/2019
CIV-2016-409-000836 Body Corporate 423090 v QBE
Insurance (International )
Limited & QBE Insurance
(Australia) Limited
General
Proceeding
Property comprising a unit title development at Glocester Street, Christchurch. Covered under sum-insured QBE
policy for material damage and business interruption. The plaintiff says the defendant paid for repair works but the
building has not been completely repaired and still has unrepaired damage. The plaintiff seeks the further cost of
repairing the building.
2/09/2016 TC after 14/02/2020 Iain Thain:- DLA Piper, Plaintiffs
Craig Langstone:- Fee Langstone,
Defendant
NO Ready List Entry Date: 08/05/2017
CIV-2016-409-000835 Higginson v QBE Insurance
(International ) Limited
General
Proceeding
Property at Gardenhill Lane, Redcliffs. Covered under a Tower property policy and a QBE contract works policy. The
property had pre-existing weathertightness issues that were in the process of being fixed. The contract works policy
covered the contract value, materials and the existing property including demolition and removal of debris. Damaged in
September 2010, February 2011 and June 2011. The property was subject to double insurance because Tower and
QBE policies both covered material damage to the existing property. Tower avoided the policy leaving only QBE
insurance cover. The property had scaffolding erected for the period between February 2011 and March 2016. The
plaintiff says QBE is obligated to pay the cost of reinstatement up to the sum-insured limit and also cover the cost of
scaffolding.
2/09/2016 T J Brown:- Plaintiffs
Craig Langstone:- Fee Langstone,
Defendant
YES DISCONTINUED 23/05/2017
CIV-2016-409-000833 Black Rock Administration
Limited v IAG New Zealand
Limited
General
Proceeding
Claim in respect of common property of a sub division at Charteris Bay. The plaintiff seeks the reinstatement costs up
to the sum insured of $274,667.80 (plus GST) and claims preparation costs.
2/09/2016 A J Summerlee/P A Cowey:- Plaintiffs
Peter Leman:- DLA Piper, Defendant
YES DISCONTINUED 16/08/2018
CIV-2016-409-000832 Adams & Gray (as trustees of
the Adams Family Commercial
Property Trust) v IAG New
Zealand Limited
General
Proceeding
Claim in respect of two properties at Battersea Street, Sydenham and one property at Durham Street, Sydenham. In
each case, the plaintiffs say the properties have been structurally damaged by earthquakes and that the defendant
has breached the policy of insurance by denying that it is liable to indemnify the plaintiffs for the extent of the damage
claimed by the plaintiffs. The plaintiffs seek reinstatement costs, interest and costs.
2/09/2016 Hamish Grant/D R Bigio/A J Steel:- Plaintiffs
Paul Smith:- Duncan Cotterill, Defendant
Yes DISCONTINUED 15/01/2019
CIV-2016-409-000831 Ritchie v Earthquake
Commission (discontinued) &
Lumley General Insurance (NZ)
Limited
General
Proceeding
Property at Palmers Road, New Brighton. Covered under a Lumley policy. The plaintiffs say the defendants have not
made payment for the cost of reinstatement necessary due to earthquake damage to the house. The plaintiffs seek
declarations that the work required is that set out in their expert reports (plus any amounts owing, interest and costs).
1/09/2016 J E Bayley:- Counsel for plaintiffs
John Knight:- Chapman Tripp, First
Defendant (discontinued)
Catherine Jamieson:- Young Hunter, Second
Defendant
YES DISCONTINUED 23/08/2018
CIV-2016-409-000830 Avon Electric Limited v IAG
Insurance New Zealand Limited
General
Proceeding
Commercial building at Taurus Place, Bromley. Covered under a business interruption and material loss policy with
IAG. The plaintiff says it suffered business losses through loss of gross profit, increased costs of working, claim
preparation costs and loss of contents. The plaintiff says the defendant has breached the contract of insurance by
failing to investigate and settle the claim. The plaintiff claims $1,222,817.24 (plus interest and costs) from the
defendant.
1/09/2016 S P Rennie/ AGM Whalan:- Plaintiffs
Rob Coltman:- Duncan Cotterill, Defendant
YES CONSOLIDATED WITH
CIV-2016-409-743 23/02/2017
CIV-2016-409-000829 IBIS House Recovery Limited v
Vero Insurance New Zealand
Limited
General
Proceeding
Commercial property at 183 Hereford Street, Christchurch Central. Covered under a sum-insured, reinstatement
insurance policy with Vero. The plaintiff and the defendant entered into a settlement agreement in March 2012. The
plaintiff says the defendant did not advise the plaintiff of its entitlements under the policy in breach of its obligations
under the policy and the duty of good faith. The plaintiff alleges breach of contract and mistake and seeks orders that
the settlement agreement be set aside and the claims be reassessed.
1/09/2016 S P Rennie/ AGM Whalan:- Plaintiffs
Craig Langstone:- Fee Langstone,
Defendant
YES DISCONTINUED 19/09/2017
CIV-2016-409-000828 Park Lane Trustees (Redmond)
Limited & Stayrod Trustees
(Redmond) Limited as trustees
of Ballylough Trust v Vero
Insurance New Zealand Limited
General
Proceeding
Claim in respect of eleven commercial properties around Christchurch. Covered under a Vero policy arranged through
a broker. Sum insured of $6,278,000 across all of the buildings. The plaintiffs obtained expert reports as to the repair
methodology and cost of reinstatement for the buildings. The plaintiff says the defendant has breached the contract
and the duty of good faith because it has failed or neglected to pay the cost of reinstatement or claims preparation
costs. The plaintiff claims $6,278,000 for earthquake repairs, $168,869.91 for claims preparation costs, interest and
costs.
1/09/2016 Susan Dwight:- Cavell Leitch, Plaintiffs
David Friar:- Bell Gully, Defendant
YES DISCONTINUED 24/09/2018
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-000827 Nijman v Earthquake
Commission & Vero Insurance
New Zealand Limited & IAG
New Zealand Limited
General
Proceeding
Properties at Stratford Street, Cox Street and Aikmans Road, Merivale. Covered under a Vero policy. Damaged in
February 2011. The plaintiffs say the payment made by the first defendant does not meet the obligated amount under
Earthquake Commission Act 1993 and the second defendant has not taken steps to settle the claim. The plaintiffs
seek $329,774.70 (in total across all properties plus damages, interest and costs) from the first defendant and
$1,242,715.94 (across all properties plus landscaping, stress payment, damages, interest and costs) from the second
defendant.
1/09/2016 TC after 13/03/2020 Peter Woods, Anthony Harper - Counsel for
Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Catherine Jamieson:- Young Hunter, Second
and Third Defendants
NO
CIV-2016-409-000826 Jolly v Earthquake Commission
Vero Insurance New Zealand
Limited
General
Proceeding
(Repairs)
Property at Halsey Street, New Brighton. Covered under a Vero policy. Damaged in February 2011. The plaintiff says
the repair work undertaken by the defendant has not completely remediated all of the damage to the property and the
second defendant has not taken steps to settle the claim. The plaintiff seeks $113,850 (plus damages, interest and
costs) from the first defendant and $236,743 (plus damages, interest and costs) from the second defendant.
1/09/2016 Grant Shand:- Counsel for Plaintiffs YES DISCONTINUED 22/12/2016
CIV-2016-409-000825 G Force Limited v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Cashel Street, Christchurch Central. Covered under an AMI policy. Damaged in September 2010 and
February 2011. The plaintiff says the payment made by the first defendant does not meet the obligated amount under
Earthquake Commission Act 1993 and the second defendant has not taken steps to settle the claim. The plaintiff
seeks $1,516,414.50 (plus interest and costs) from the first defendant and $2,569,728 (plus lost rent, interest and
costs) from the second defendant.
1/09/2016 Fixture 8 days after
01/11/2019
Grant Shand:- Counsel for Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Peter Leman:- DLA Piper, Second
Defendant
NO Ready List Entry Date: 28/05/2019
CIV-2016-409-000824 Nijman v Earthquake
Commission& Vero Insurance
New Zealand Limited
(Discontinued) & IAG New
Zealand Limited (Discontinued)
General
Proceeding
Properties at Tancred Street, Linwood. Covered under a Vero policy. Damaged in February 2011. The plaintiffs say
the defendant has not made full payment to the plaintiffs as obligated under Earthquake Commission Act 1993 and
the second defendant has not taken steps to settle the claim. The plaintiffs seek a total of $244,168.40 (plus interest
and costs) from the first defendant and a total of $232,179.20 (plus stress payment, damages, interest and costs)
from the second defendant.
1/09/2016 Peter Woods, Anthony Harper- Counsel for
Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Catherine Jamieson:- Young Hunter, Second
and Third Defendants
YES DISCONTINUED 03/09/2019
Ready List Entry Date: 27/11/2018
Fixture Date: 02/12/2019
Estimated Hearing Days: 8.0
CIV-2016-409-000823 Spot On Enterprises Limited v
Vero Insurance New Zealand
Limited
General
Proceeding
Property at Defoe Place, Waltham. Covered under a Vero policy for material damage, loss of profits and other forms
of business insurance. The plaintiff says the September 2010 and February 2011 earthquakes caused damage to the
building, damage to plant and contents, additional costs of working, loss of profits, loss of stock and required the
plaintiff to incur claims preparation costs. The plaintiff says the defendant has breached the policy by failing to pay the
insurance claims made by the plaintiff. The plaintiff claims for the September 2010 earthquake $482,881.67 (plus
GST, other amounts, interest and costs) and for the February 2011 earthquake $569,145.31 (GST, other amounts,
interest and costs).
1/09/2016 Pearse Smyth/Austin Forbes:- Plaintiff
Peter Hunt:- McElroys, Solicitor for the
defendant
YES DISCONTINUED 16/10/2018
CIV-2016-409-000822 Quinn v Earthquake
Commission & Lumley General
Insurance (N.Z.) Limited
(Discontinued)
General
Proceeding
(Repairs)
Property at Vancouver Crescent, Wainoni. Covered under a Westpac bank policy. Damaged in September 2010,
February 2011, June 2012 and December 2012. The plaintiff says the work undertaken to date by the defendant has
not completely remediated all of the damage to the house and the second defendant has not taken steps to settle the
claim. The plaintiff seeks $298,097.15 (plus damages, interest and costs) from the first defendant and $329,269.71
(plus damages, interest and costs) from the second defendant.
1/09/2016 Grant Shand:- Counsel for Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Caroline Laband:- DLA Piper, Second
Defendant
YES DISCONTINUED 09/08/2018
CIV-2016-409-000821 Iron Holdings Limited v Vero
Insurance New Zealand Limited
General
Proceeding
Property at Halswell Junction Road, Halswell. Covered under a Vero policy. The plaintiffs say they were assigned
rights to the insurance claim/s by the owners of the property at the time of the damage. The plaintiffs say there was
more damage to the property than originally assessed by the defendant. The plaintiffs say the defendant refuses to
carry out the terms of the policy because it will not pay the cost of reinstatement. To the contrary, the plaintiffs say the
defendant will only agree to pay indemnity value if the plaintiff can show that the policy responds to the claims at all.
The plaintiff seeks a remedy under s 50 of the Property Law Act 2007 to the effect that the defendant is obligated to
provide reinstatement cover in accordance with the assigned insurance rights.
1/09/2016 Ben Russell/Sarah Copeland:- Lane Neave,
Plaintiffs
Cecily Brick:- Fee Langstone, Defendant
YES DISCONTINUED 13/10/2017
CIV-2016-409-000820 Lallu v QBE Insurance
(International) Limited
General
Proceeding
Property at Manchester Street, Christchurch. Covered under a QBE policy. Damaged in September 2010 and
February 2011. The plaintiff says the defendant has not taken steps to settle the claim. The plaintiff seeks $1,574,625
(plus damages, interest and costs) from the defendant.
1/09/2016 Pearse Smyth/Austin Forbes:- Plaintiff
Craig Langstone:- Fee Langstone,
Defendant
YES DISCONTINUED 11/05/2017
CIV-2016-409-000819 Ferguson v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Halswell Road, Halswell. Covered under an AMI policy. Damaged in September 2010, February 2011 and
June 2011. The plaintiffs say the defendant has not taken steps to settle the claim. The plaintiffs seek $836,697.98
(plus damages, interest and costs) from the defendant.
1/09/2016 Grant Shand:- Counsel for Plaintiffs
David Friar:- Bell Gully, Defendant
YES DISCONTINUED 22/11/2017
CIV-2016-409-000818 Little Company of Mary - New
Zealand v IAG New Zealand
Limited
General
Proceeding
Claim in respect of flats at Durham Street, Christchurch Central and a residential dwelling at Caledonian Road, St
Albans. Covered under NZI policy. Damaged in earthquakes on 4 September 2010. The plaintiff says the defendant
has delayed payment of insurance proceeds and claims prepatation costs. The plaintiff also seeks damages, interest
and costs from the defendant.
1/09/2016 J M Shingleton/ K W Clay:- Plaintiffs
:- DLA Piper, Defendant
YES DISCONTINUED 07/03/2017
CIV-2016-409-000817 Body Corporate Number 73192
v Vero Insurance New Zealand
Limited
General
Proceeding
Properties at Horseshoe Lake Road and Golf Links Road, Shirley. Covered under a Vero policy. Damaged in
September 2010 and February 2011. The plaintiff says the defendant has not taken steps to settle the claim. The
plaintiff seeks the cost to remediate the properties (not yet quantified but inclusive of interest and costs) from the
defendant.
1/09/2016 TC after 21/02/2020 Andrew Hooker/Mobeena Hills:- Shine
Lawyers, Plaintiffs
Alan Sherlock:- Hesketh Henry, Defendant
NO
CIV-2016-409-000816 Self-Realization Meditation And
Healing Centre Charitable Trust
(New Zealand), v IAG New
Zealand Limited
General
Proceeding
Properties at Sawyers Arms Road and Highsted Road, Bishopdale. Covered under a State policy. Damaged in
September 2010, February 2011 and June 2011. The plaintiff says the defendant has not taken steps to settle the
claim. The plaintiff seeks the cost to remediate the properties (not yet quantified but inclusive of interest and costs)
from the defendant.
1/09/2016 TC after 27/03/2020 Andrew Hooker/Mobeena Hills:- Shine
Lawyers, Plaintiffs
Paul Smith:- Duncan Cotterill, Defendant
NO Ready List Entry Date: 02/10/2018
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-000815 McMaster v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Whincops Road, Halswell. Covered under an AMI policy. Damaged between September 2010 and
February 2011. The plaintiff says the defendant has not taken steps to settle the claim. The plaintiff seeks the cost to
remediate the property (not yet quantified but inclusive of interest and costs) from the defendant.
1/09/2016 Andrew Hooker/Mobeena Hills:- Shine
Lawyers, Plaintiffs
David Friar/Olivia Depont:- Bell Gully,
Defendant
YES DISCONTINUED 21/02/2018
CIV-2016-409-000813 Body Corporate 81822 v QBE
Insurance (Australia) Limited
General
Proceeding
Claim in respect of commercial units at Riccarton Road, Riccarton. Damaged in September 2010 and February 2011.
The plaintiff says the defendant offered to cash settle based on the cost of reinstatement but made certain deductions
that are not allowed for under the policy of insurance. The plaintiff appointed its own engineering consultancy to report
on the damage and required reinstatement methods. The plaintiff says the defendant has failed or refused to meet the
cost of reinstatement required under the policy of insurance. The plaintiff claims the cost of reinstatement, damages,
interest and costs.
1/09/2016 Fixture - 15 days after
30/06/2020
Sophie Goodwin/D A Webb:- Plaintiffs
Craig Langstone:- Fee Langstone,
Defendant
NO
CIV-2016-409-000812 Kraak v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Michaels Road, Tai Tapu. Covered under a NZI policy. Damaged between September 2010 and
December 2011. The plaintiff says the first defendant’s scope of works does not remediate all of the damage to the
property and the second defendant has not taken steps to settle the claim. The plaintiff seeks $115,000 (plus interest
and costs) from the first defendant and the remainder of the over-cap cost (not yet quantified but inclusive of interest
and costs) from the second defendant.
1/09/2016 Fixture 5 days after
03/02/2020
Andrew Hooker/Mobeena Hills:- Shine
Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Bridget Read:- Young Hunter, Second
Defendant
NO
CIV-2016-409-000811 Jackson Sheet Metals Limited v
Vero Insurance New Zealand
Limited
General
Proceeding
Property at Orbell Street, Sydenham. Covered under a Vero policy. Damaged in September 2010 and February 2011.
The plaintiff says the defendant has not taken steps to settle the claim. The plaintiff seeks the cost to remediate the
property (not yet quantified but inclusive of interest and costs) from the defendant.
1/09/2016 Andrew Hooker/Mobeena Hills:- Shine
Lawyers, Plaintiffs
Craig Langstone:- Fee Langstone,
Defendant
YES DISCONTINUED 22/02/2017
CIV-2016-409-000810 Ernst v Earthquake Commission
(Discontinued) & Lumley
General Insurance (NZ) Limited
General
Proceeding
Property at Sandra Street, New Brighton. Covered under a Westpac bank policy. Damaged in September 2010 and
February 2011. The plaintiff says the first defendant’s scope of works does not remediate all of the damage to the
property and the second defendant has not taken steps to settle the claim. The plaintiff seeks $115,000 (plus interest
and costs) from the first defendant and the remainder of the over-cap cost (not yet quantified but inclusive of interest
and costs) from the second defendant.
1/09/2016 Andrew Hooker/Mobeena Hills:- Shine
Lawyers, Plaintiffs
John Knight:- Chapman Tripp, First
defendant
Paul Smith:- Duncan Cotterill, Second
defendant
YES DISCONTINUED 24/10/2018
CIV-2016-409-000808 Duncraft v Vero Insurance New
Zealand Limited
General
Proceeding
Properties at Lawson Street, Christchurch. Covered under a Vero policy. Damaged between September 2010 and
December 2011. The plaintiff says the defendant has not taken steps to settle the claim. The plaintiff seeks the cost to
remediate the property (not yet quantified but inclusive of interest and costs) from the defendant.
1/09/2016 Andrew Hooker/Mobeena Hills:- Shine
Lawyers, Plaintiffs
Alan Sherlock:- Hesketh Henry, Defendant
YES DISCONTINUED 24/04/2018
CIV-2016-409-000807 Duncraft v Vero Insurance New
Zealand Limited
General
Proceeding
Property at Elgin Street, Christchurch. Covered under a Vero policy. Damaged in September 2010 and December
2011. The plaintiff says the defendant has not taken steps to settle the claim. The plaintiff seeks the cost to remediate
the property (not yet quantified but inclusive of interest and costs) from the defendant.
1/09/2016 Andrew Hooker/Mobeena Hills:- Shine
Lawyers, Plaintiffs
Alan Sherlock:- Hesketh Henry, Defendant
YES DISCONTINUED 24/04/2018
CIV-2016-409-000806 Duncraft v Vero Insurance New
Zealand Limited
General
Proceeding
Property at Buchan Street, Christchurch. Covered under a Vero policy. Damaged in September 2010 and December
2011. The plaintiff says the defendant has not taken steps to settle the claim. The plaintiff seeks the cost to remediate
the property (not yet quantified but inclusive of interest and costs) from the defendant.
1/09/2016 Andrew Hooker/Mobeena Hills:- Shine
Lawyers, Plaintiffs
Alan Sherlock:- Hesketh Henry, Defendant
YES DISCONTINUED 09/07/2018
CIV-2016-409-000805 Canterbury Fuschia Centre N.Z.
Limited v Vero Insurance New
Zealand Limited
General
Proceeding
Property at Grafton Street, Waltham. Covered under a Vero policy. Damaged in September 2010, February 2011 and
June 2011. The plaintiff says the defendant has not taken steps to settle the claim. The plaintiff seeks the cost to
remediate the property (not yet quantified but inclusive of interest and costs) from the defendant.
1/09/2016 Andrew Hooker/Mobeena Hills:- Shine
Lawyers, Plaintiffs
Peter Hunt:- McElroys, Defendant
YES DISCONTINUED 06/08/2018
CIV-2016-409-000804 Byron Street Investments and
Body Corporate Number 51469
v Vero Insurance New Zealand
Limited
General
Proceeding
Property at Byron Street, Sydenham. Covered under a Vero policy. Damaged in September 2010 and February 2011.
The plaintiff says the defendant has not taken steps to settle the claim. The plaintiff seeks the cost to remediate the
property (not yet quantified but inclusive of interest and costs) from the defendant.
1/09/2016 Fixture - 5 days Andrew Hooker/Tiffany Sauni:- Shine
Lawyers, Plaintiffs
Alan Sherlock:- Hesketh Henry, Defendant
NO Ready List Entry Date: 13/12/2018
CIV-2016-409-000803 Birchs Road Limited v
Earthquake Commission & IAG
New Zealand Limited
General
Proceeding
Property at Birchs Road, Christchurch. Covered under a State policy. Damaged between September 2010 and
December 2011. The plaintiff says the first defendant’s scope of works does not remediate all of the damage to the
property and the second defendant has not taken steps to settle the claim. The plaintiff seeks $115,000 (plus interest
and costs) from the first defendant and the remainder of the over-cap cost (not yet quantified but inclusive of interest
and costs) from the second defendant.
1/09/2016 Fixture - 14 days - on
21/10/2019
Susan Dwight:- Cavell Leitch, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Catherine Jamieson:- Young Hunter, Second
Defendant
YES TRANSFERRED TO CANTERBURY
EARTHQUAKE INSURANCE TRIBUNAL
27/09/2019 - consented
Ready List Entry Date: 27/11/2018
Fixture Date: 21/10/2019
Estimated Hearing Days: 14.0
CIV-2016-409-000802 A.S.K. Limited v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Laurence Street, Waltham. Covered under a State policy. Damaged between September 2010 and
December 2011. The plaintiff says the first defendant’s scope of works does not remediate all of the damage to the
property and the second defendant has not taken steps to settle the claim. The plaintiff seeks $115,000 (plus interest
and costs) from the first defendant and the remainder of the over-cap cost (not yet quantified but inclusive of interest
and costs) from the second defendant.
1/09/2016 Andrew Hooker/Mobeena Hills:- Shine
Lawyers, Plaintiffs
Kate Rouch:- Chapman Tripp, First
Defendant
Ross Armstrong:- Young Hunter, Second
Defendant
YES DISCONTINUED 08/12/2016
CIV-2016-409-000800 Barnard v Earthquake
Commission & IAG New
Zealand Limited (Discontinued)
General
Proceeding
Property at Bealey Road, Leeston. Covered under a NZI policy. Damaged between September 2010 and December
2011. The plaintiff says the first defendant’s scope of works does not completely remediate all of the damage to the
property and the second defendant has not taken steps to settle the claim. The plaintiffs seek $115,000 (plus interest
and costs) from the first defendant and the remainder of the over-cap cost (not yet quantified, but inclusive of interest
and costs) from the second defendant.
1/09/2016 Transferred to District
Court 08/10/2018
Andrew Hooker/Mobeena Hills:- Shine
Lawyers, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Brad Cuff:- DLA Piper, Second Defendant
NO
CIV-2016-409-000797 Medicago Limited v Vero
Insurance New Zealand Limited
General
Proceeding
Claim in respect of a motel at Papanui Road, Merivale. Damaged in September 2010 and February 2011. The plaintiff
says the defendant has breached the policy by failing to effect reinstatement of the insured property in a reasonable
and timely fashion. The plaintiff claims $1,755,000 (minus payments from Earthquake Commission, excess and the
difference between the cost of reinstatement and the sum insured).
31/08/2016 John Lucus:- Lucus & Lucus, solicitor for
plaintiffs; and Chris Boys, counsel acting for
plaintiffs
Peter Hunt/Suzanne Casey:- McElroys,
solicitors for the defendant
YES DISCONTINUED 04/09/2017
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-000796 Hodge v IAG New Zealand
Limited
General
Proceeding
Claim in respect of commercial property at Springs Road, Hornby which is used as a storage facility. Damaged in
September 2010, February 2011 and June 2011. The plaintiffs seek the cost of reinstatement on a per-event basis,
payment of indemnity value and additional fees and costs.
31/08/2016 Fixture, 5 days after
01/03/2020
Peter Woods:- Anthony Harper, Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Chris Hlavac:- Young Hunter, Second
Defendant
NO
CIV-2016-409-000795 Stewart & King v IAG New
Zealand Limited
General
Proceeding
Property at Blenheim Road, Upper Riccarton comprising two buildings used for commercial purposes. The plaintiff
says the property was damaged in September 2010, February 2011 and June 2011. The plaintiff says the
reinstatement quotation provided by the defendant expressly excludes engineers fees, consent fees, contract works
insurance, asbestos removal, removal and relocation of plant/machinery and GST. The plaintiff seeks payment of the
full reinstatement cost and at a minimum the indemnity value of the property.
31/08/2016 Peter Woods:- Anthony Harper, Plaintiffs
Chris Hlavac:- Young Hunter, Defendant
YES DISCONTINUED 03/10/2017
CIV-2016-409-000794 Fendalton Holdings (2016)
Limited & Anor v IAG New
Zealand Limited
General
Proceeding
Claim in respect of two properties at Bryndwr Road, Bryndwr. Used for purpose of a care home. Covered under
material damage insurance policy with NZI. The plaintiff says the properties were damaged in September 2010 and
February 2011. The plaintiffsays it will cost $3,924,780 (plus GST) to reinstate the properties. The plaintiffs seek the
cost of reinstatement on a per-event basis, payment of indemnity value and additional fees and costs.
31/08/2016 Peter Woods:- Anthony Harper, Plaintiffs
Paul Smith:- Duncan Cotterill, Defendant
YES DISCONTINUED 04/09/2017
CIV-2016-409-000793 Elmswood Court Holdings
Limited & Anor v IAG New
Zealand Limited
General
Proceeding
Property at Wairakei Road, Bryndwr. Used for purposes of a rest home. Covered under material damage insurance
policy with IAG. The plaintiff says the cost to reinstate the property will be $7,017,325 (plus GST). The plaintiff says the
propertiy was damaged in September 2010 and February 2011. The plaintiff seeks the cost of reinstatement on a per-
event basis, payment of indemnity value and additional fees and costs.
31/08/2016 TC after 01/01/2020 Peter Woods:- Anthony Harper, Plaintiffs
Paul Smith:- Duncan Cotterill, Defendant
NO
CIV-2016-409-000791 Scotchbrook v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Great Gables Lane, Huntsbury. Covered under an AMI policy. Damaged in September 2010, February
2011 and June 2011. The plaintiffs say the economic option is to rebuild the house and the defendant’s proposed
repair strategy does not completely remediate all of the damage to the property. The plaintiffs seek $2,000,000 (plus
damages, interest and costs) from the defendant.
31/08/2016 Fixture - 15 days - on
02/03/2020
Alexander McPhail:-, Counsel for plaintiffs
Emily Walton:- Wynn Williams, Defendant
NO Ready List Entry Date: 04/07/2018
Fixture Date: 02/03/2020
Estimated Hearing Days: 15.0
CIV-2016-409-000790 Shimleigh Investments Limited v
IAG New Zealand Limited
General
Proceeding
Property at Newnham Terrace, Upper Riccarton. Covered under a State policy. Damaged in September 2010 and
February 2011. The plaintiff says the defendant’s proposed strategy does not completely remediate all of the damage
to the property. The plaintiff seeks $570,000 (plus interest and costs) from the defendant.
31/08/2016 Grant Shand:- Counsel for plaintiffs
:- DLA Piper, Defendant
YES DISCONTINUED 10/07/2017
CIV-2016-409-000789 Dobson v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Weir Place, Hoon Hay. Covered under an AMI policy. Damaged in February 2011. The plaintiffs say the
economic option is to rebuild the property and the cash offer made by the defendant is insufficient to completely
remediate all of the damage to the property. The plaintiffs seek $1,655,417.20 (plus damages, interest and costs) from
the defendant.
31/08/2016 Sam Hider and Stephanie Grieve:- Solicitor
and Counsel for plaintiffs
Emily Walton:- Wynn Williams, Defendant
YES DISCONTINUED 17/05/2019
CIV-2016-409-000788 Diggs v Earthquake
Commission & Vero Insurance
New Zealand Limited
General
Proceeding
(Repairs)
Property at Penruddock Rise, Westmorland. Covered under a Vero policy. Damaged in February 2011. The plaintiffs
say the repairs conducted by the first defendant do no completely remediate the underlying damage to the house and
the second defendant has not taken steps to settle the claim. The plaintiffs seek $113,850 (plus temporary
accommodation, damages, interest and costs) from the first defendant and $685,000 (plus damages, interest and
costs) from the second defendant.
31/08/2016 Fixture - 7 days after
17/04/2020
Karl Robinson, Shine Lawyers:- Counsel for
plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Cecily Brick:- Fee Langstone, Second
Defendant
NO
CIV-2016-409-000787 Crester Holdings Limited v Vero
Insurance New Zealand Limited
General
Proceeding
Claim in respect of two separate properties at Cass Street, Sydenham and Sandyford Street, Sydenham. Covered
under Vero policy. Damaged in September 2010 and February 2011. The plaintiff seeks the reinstatement cost (up to
the sum insured of $460,000 per event) for the Cass Street property and the reinstatement cost for the Sandyford
Street property (up to the sum insured of $483,000 per event).
31/08/2016 Grant Shand:- Counsel for plaintiffs
Cecily Brick:- Fee Langstone, Defendant
YES DISCONTINUED 02/09/2019
CIV-2016-409-000786 JBJ Trustees Limited v IAG New
Zealand Limited
General
Proceeding
Property at Wainoni Road, Avondale. Covered under IAG policy. Damaged in September 2010, February 2011, June
2011 and December 2011. The plaintiff seeks declarations, inter alia, that the defendant is obligated to settle based on
a per-event, sum-insured basis for the cost of reinstatement of the buildings. the plaintiff also seeks interest and costs.
30/08/2016 Ed Bayley:- Rhodes & Co, Plaintiff
Chris Hlavac:- Young Hunter, Defendant
YES STRUCK OUT 27/04/2018
CIV-2016-409-000785 Taylor v Earthquake
Commission & Southern
Response Earthquake Services
Limited (Discon)
General
Proceeding
Property at Ashley Gorge Road, Oxford. Covered under an AMI policy. Damaged in September 2010, February 2011
and June 2011. The plaintiffs say the first defendant’s repair strategy does not completely remediate the damage to
the property and the second defendant has not taken steps to settle the claim. The plaintiffs seek $325,593.79 (plus
damages, interest and costs) from the first defendant and the remainder of the over-cap cost (not yet quantified but
inclusive of interest and costs) from the second defendant.
30/08/2016 Noor Hamid/Zoe Caughey, counsel acting
for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
David Friar:- Bell Gully, Second Defendant
(DISCONTINUED)
YES DISCONTINUED 06/11/2018
CIV-2016-409-000784 Rasmussen & Cole v
Earthquake Commission
(Discontinued) & Tower
Insurance Limited
General
Proceeding
(Repairs)
Property at Sandown Crescent, Aranui. Covered under an ANZ bank policy. Damaged in September 2010, February
2011 and February 2016. The plaintiffs say the first defendant’s limited repairs and scope of works do not completely
remediate the damage to the house and the second defendant has not taken steps to settle the claim. The plaintiffs
seek $224,881.68 (plus damages and costs) from the first defendant and the remainder of the over-cap cost (not yet
quantified, but inclusive of landscaping, temporary accommodation, contents storage and costs) from the second
defendant.
30/08/2016 Gary Davis/Arezou Nobari:- counsel for
Plaintiff
Martin Smith:- Gilbert Walker, First
Defendant
John Knight:- Chapman Tripp, Second
Defendant
YES DISCONTINUED 06/06/2018
CIV-2016-409-000781 The University of Canterbury
Rugby Football Club
Incorporated v Zurich Australian
Insurance Limited
General
Proceeding
Claim in respect of buildings at Waimairi Road, Ilam. The plaintiff says the defendant has failed or refused to
investigate the plaintiffs insurance claim and that it cannot proceed with reinstatement until the claim is determined.
The plaintiff seeks declarations, inter alia, that the defendant is obligated to settle based on a per-event, sum-insured
basis for the cost of reinstatement of the buildings. the plaintiff also seeks interest and costs.
29/08/2016 S P Rennie:- Plaintiffs
Antony Holden:- DAC Beachcroft, Defendant
YES DISCONTINUED 02/11/2018
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-000780 Settlers Crescent Partnership v
IAG New Zealand Limited
General
Proceeding
Several commercia buildings at Settlers Crescent, Ferrymead. Covered under IAG policy. The plaintiff says the
defendant has failed to properly investigate and determine the insurance claim for earthquake damage to the
commercial buildings. The plaintiff says the defendant did not properly advise of the entitlements under the policy and
the defendant paid less than the entitlements available under the policy. In particular, the plaintiff says the defendant
settled the February 2011 insurance claim/s without any reference to the additional earthquake events that followed
despite the policy being formulated on a per-event basis. The plaintiff seeks declarations that the settlement
agreements only apply to the February 2011 event and that the remaining events are to be assessed based on the
proper entitlements under the policy.
29/08/2016 S P Rennie/ AGM Whalan:- Plaintiffs
Grant MacDonald:- DLA Piper, Defendant
YES JUDGMENT - DEFENDED HEARING
25/10/2018
COURT OF APPEAL MILESTONES:
CA717/18
Filed 22/11/18
Abandoned 20/3/19
CIV-2016-409-000779 Kensal Investments Limited v
IAG New Zealand Limited
General
Proceeding
Claim in respect of building at Braeburn Drive, Hornby. Covered under an IAG policy for material damage and
business interruption. The plaintiff says the defendant has failed to assess the damage, failed to advise of entitlement
under the policy and failed to pay those entitlements. The plaintiff seeks declarations that the property was damaged
and the defendant must assess the plaintiffs claim in accordance with its duties to the plaintiff.
29/08/2016 S P Rennie:- Plaintiffs
Catherine Jamieson:- Young Hunter,
Defendant
YES DISCONTINUED 12/03/2018
CIV-2016-409-000777 P D Currie and B J Currie v
Earthquake Commission
(Discontinued) & Southern
Response earthquake Services
Limited
General
Proceeding
(Repairs)
Property at Gayhurst Road, Dallington. Covered under an AMI policy. Damaged in September 2010 and February
2011. The plaintiffs say the work undertaken by the first defendant does not completely remediate all of the damage to
the property and the second defendant has not take steps to settle the claim. The plaintiffs seek $227,700 (plus
damages, interest and costs) from the first defendant and $570,000 (plus damage, interest and costs) from the
second defendant.
29/08/2016 Grant Shand:- Counsel for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
David Friar:- Bell Gully, Second Defendant
YES DISCONTINUED 05/10/2018
CIV-2016-409-000775 Mackenzie v Earthquake
Commission & Southern
Response earthquake Services
Limited
General
Proceeding
Property at St Johns Street, Woolston. Covered under and AMI policy. Damaged in February 2011. The plaintiffs say
the repairs done by the first defendant have not completely remediated the damage to the house and the second
defendant has not taken steps to settle the claim. The plaintiffs seek $113,850 (plus damages, interest and costs)
from the first defendant and $285,000 (plus damages, interest and costs) from the second defendant.
29/08/2016 Grant Shand:- Counsel for plaintiffs
John Knigh/Melanie Hayes:- Chapman Tripp,
First Defendant
David Friar:- Bell Gully, Second Defendant
YES DISCONTINUED 31/01/2019
CIV-2016-409-000774 Whitla v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Reginald Street, Burwood. Covered under an AMI policy. Damaged in September 2010, February 2011
and December 2011. The plaintiff says the repair strategy proposed by the first defendant does not completely
remediate all of the damage and the economic option is to rebuild the property. The plaintiff seeks $901,518.20 (plus
damages, interest and costs) from the defendant.
29/08/2016 Grant Shand:- Counsel for plaintiffs
Emily Walton:- Wynn Williams, Defendant
YES DISCONTINUED 25/02/2019
CIV-2016-409-000773 Segaran v Earthquake
Commission & Southern
Response Earthquake Services
Limited (Discontinued)
General
Proceeding
(Repairs)
Property at Melrose Street, Richmond. Covered under an AMI policy. Damaged in September 2010 and February
2011. The plaintiff says the work undertaken by the defendant has not completely remediated all of the damage to the
house and the second defendant has not taken steps to settle the claim. The plaintiff seeks $153,450 (plus damages,
interest and costs) from the first defendant and $245,000 (plus damages, interest and costs) from the second
defendant.
29/08/2016 Grant Shand:- Counsel for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
David Friar:- Bell Gully, Second Defendant
YES DISCONTINUED 10/07/2018
CIV-2016-409-000772 Moulin v Earthquake
Commission & Southern
Response earthquake Services
Limited
General
Proceeding
(Repairs)
Property at Stanmore Road, Linwood. Covered under an AMI policy. Damaged in September 2010 and February
2011. The plaintiff says the work undertaken to date by the defendant has not completely remediated all of the
damage to the house and the second defendant has not taken steps to settle the claim. The plaintiff seeks
$202,159.96 (plus damages, interest and costs) from the first defendant and $241,673.16 (plus damages, interest
and costs) from the second defendant.
29/08/2016 TC after 15/02/2020 Caro Moulin - self-represented
Nathaniel Walker, Russell McVeagh, First
Defendant
Emily Walton/Bethany Entwistle/Jonathan
Pow- Wynn Williams, Second Defendant
NO
CIV-2016-409-000767 Majestic Grow Limited v
Earthquake Commission & IAG
New Zealand Limited
General
Proceeding
Property at Kilmore Street, Christchurch Central. Covered under IAG policy. Insurance rights assigned by previous
owners to the second plaintiff. The plaintiffs say the defendant is obligated to pay the reinstatement cost by reference
to the cost of repairing or rebuilding any damaged buildings. The plaintiffs say the defendant has not adequately
assessed or determined the damage to the buildings. The plaintiffs seek declarations, inter alia, that the defendant
must settle the claims on a per-event basis with the damage and reinstatement cost to be based on the plaintiffs
expert reports.
26/08/2016 Fixture - 5 days on
23/11/2020
S P Rennie/ AGM Whalan:- Plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Chris Hlavac:- Young Hunter, Second
Defendant
NO Ready List Entry Date: 23/11/2018
CIV-2016-409-000766 Body Corporate 61881 v Vero
Insurance New Zealand Limited
& Vero Liability Insurance
Limited & IAG New Zealand
Limited
General
Proceeding
[Discontinued prior to service of notice on defendants] 26/08/2016 S P Rennie/ AGM Whalan:- Plaintiffs YES DISCONTINUED 19/09/2016
CIV-2016-409-000765 FibreTech Holdings Limited v
Vero Insurance New Zealand
Limited
General
Proceeding
Property at Kennaway Road, Woolston. Covered under a Vero sum-insured policy. Damaged in particular by the
earthquakes on 4 September 2010, 22 February 2011 and 13 June 2011. The plaintiff says the defendant has not
properly investigated the claim or advised the plaintiff of its entitlements under the policy. The plaintiff seeks
declarations, inter alia, that the insurance policy is on a per-event basis and that the cost to reinstate the building is
$3.99m apportioned over three earthquake events.
26/08/2016 S P Rennie/ AGM Whalan:- Plaintiffs
Peter Hunt:- McElroys, Defendant
YES DISCONTINUED 15/05/2018
CIV-2016-409-000764 Shum Oi Lee, Shirley Lee &
Andrew Lee (as trustees of the
Allan Lee Family Trust) v IAG
New Zealand Limited
General
Proceeding
Properties at Manchester Street, Christchurch. Covered under an IAG policy. Damaged in September 2010 and
February 2011. The plaintiffs say the defendant has not acknowledged its liability to the plaintiffs and has not taken
steps to settle the claim. The plaintiffs seek $2,327,443 (plus interest and costs) from the defendant.
25/08/2016 Fixture - 7 days - after
31/01/2020
A J Summerlee/P A Cowey:- Plaintiffs
Richard Raymond QC, Barrister and
Catherine Jamieson:- Young Hunter,
Defendant
NO Ready List Entry Date: 07/02/2019
CIV-2016-409-000763 Nielsen v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Frederick Street, Linwood. Covered under an AMI policy. Damaged in September 2010 and February
2011. The plaintiffs say the first defendant’s scope of works does not completely remediate the damage to the
property and the second defendant has not taken steps to settle the claim. The plaintiffs seek $230,000 from the first
defendant and the remainder of the over-cap cost (not yet quantified but inclusive of interest and costs) from the
second defendant.
25/08/2016 Self-represented, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Emily Walton:- Wynn Williams, Second
Defendant
YES DISCONTINUED 10/12/2019
Ready List Entry Date: 11/02/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-000762 Dray v Earthquake Commission
& Tower Insurance Limited
General
Proceeding
Property at Waller Terrace, Christchurch. Covered under a Tower policy. Damaged in September 2010 and February
2011. The plaintiff says the scope of works provided by the first defendant does not completely remediate the damage
to the property and the second defendant has not taken steps to settle the claim. The plaintiff seeks $230,000 plus
interest and costs from the first defendant and the remainder of the over-cap cost (not yet quantified but inclusive of
interest and costs) from the second defendant.
25/08/2016 Andrew Hooker/Mobeena Hills:- Shine
Lawyers, Plaintiff
John Knight:- Chapman Tripp, First
Defendant (DISCONTINUED)
David Friar/Morgan Powell/Becky Morris:-
Bell Gully, Second Defendant
YES DISCONTINUED 16/10/2018
CIV-2016-409-000761 Bray & Ward v Vero Insurance
New Zealand Limited
General
Proceeding
Property at St Andrews Square, Strowan. Covered under a Vero policy. Damaged in September 2010 and February
2011. The plaintiffs say the repairs undertaken to date by the defendant have not sufficiently remediated all of the
damage to the property. The plaintiffs seek the cost to repair the damage to the standard as specified by the plaintiffs’
engineer’s scope of works (not yet quantified, but inclusive of interest and costs) from the defendant.
25/08/2016 Andrew Hooker/Mobeena Hills:- Shine
Lawyers, Plaintiff
Cecily Brick:- Fee Langstone, Defendant
YES DISCONTINUED 30/11/2018
CIV-2016-409-000760 Wickes v Vero Insurance New
Zealand Limited
General
Proceeding
[Discontinued prior to service of notice on defendants] 25/08/2016 Stephen Rennie:- Rhodes & Co, Plaintiff YES DISCONTINUED 19/09/2016
CIV-2016-409-000759 Black v IAG New Zealand
Limited
General
Proceeding
Commercial building at Edgeware Road, St Albans. The plaintiff says the defendant has failed or refused to settle the
insurance claim on a per-event basis. The plaintiff seeks declarations, inter alia, that the defendant is obligated to settle
the claim on a per-event basis and in terms of the scope of repair proposed by the plaintiffs expert.
25/08/2016 Stephen Rennie:- Rhodes & Co, Plaintiff
Chris Shannon:- Duncan Cotterill, Defendant
YES DISCONTINUED 23/01/2018
CIV-2016-409-000755 Lancer Racing Limited v IAG
New Zealand Limited & Ors
General
Proceeding
Mixed industrial/residential property at Brisbane Street, Sydenham. The plaintiff says the defendants have failed or
refused to settle the insurance claim on a per-event basis. The plaintiff seeks declarations, inter alia, that the
defendants are obligated to settle the claim on a per-event basis.
24/08/2016 Stephen Rennie:- Rhodes & Co, Plaintiff
Peter Leman:- DLA Piper, First-Fourth
Defendants (Discontinued)
Frank Rose:- Keegan Alexander, Fifth
Defendant (QBE)
John Knight:- Chapman Tripp, Sixth
Defendant (Discontinued)
YES DISCONTINUED 16/04/2018
CIV-2016-409-000754 Camelot CHCH Limited v IAG
New Zealand Limited
General
Proceeding
Claim in respect of two separate properties at Catherdral Square, Christchurch Central and Gloucester Street,
Christchurch Central. The plaintiff says it entered into a settlement agreement with the defendant on the basis of one
sum-insured amount. The plaintiff says the defendant did give proper advice about full entitlements under the policy.
The plaintiff says the sum-insured applies to each earthquake event. The plaintiff seeks declarations that the
settlement agreement is not binding on the plaintiff because of breach of contract and/or mistake. The plaintiff also
seeks declarations that the defendant must assess the policy on a per-event basis.
24/08/2016 Stephen Rennie:- Rhodes & Co, Plaintiff
Chris Hlavac:- Young Hunter, Defendant
YES DISCONTINUED 23/02/2017
CIV-2016-409-000753 Frank Colombo Limited v Vero
Insurance New Zealand Limited
General
Proceeding
Claim in respect of property at Colombo Street, Christchurch Central. The plaintiff says it entered into a settlement
agreement with the defendant on the basis of a sum-insured amount over several earthquake events. The plaintiff
says this agreement should be set aside because the correct interpretation of the policy is on a per-event basis. The
plaintiff seeks declarations that the settlement agreement is not binding and that the claim should be reassessed on a
per-event basis.
24/08/2016 Stephen Rennie:- Rhodes & Co, Plaintiff
Craig Langstone:- Fee Langstone,
Defendant
YES DISCONTINUED 24/01/2017
CIV-2016-409-000752 Wilson v IAG New Zealand
Limited & Ors
General
Proceeding
Commercial property at 92-96 Victoria Street, Christchurch Central. Covered under an AON policy underwritten by the
defendants. The plaintiff says the defendant has failed or refused to investigate the damage to the buildings on the
property. The plaintiff seeks declarations (inter alia) that the building was damaged by earthquake and the plaintiff is
entitled to indemnity cost of the building limited by the sum-insured for each event.
24/08/2016 Stephen Rennie:- Rhodes & Co, Plaintiff
Peter Leman:- DLA Piper, First-Fourth
Defendants
John Knight:- Chapman Tripp, Fifth
Defendant (EQC)
YES DISCONTINUED 03/05/2017
CIV-2016-409-000751 Middle Weight Holdings Limited
v IAG New Zealand Limited &
Ors
General
Proceeding
Claim in respect of properties at Colombo Street, Christchurch Central and Carlyle Street, Central Christchurch.
Covered under two policies: a buiness assets and business interuption policy; and a construction works policy that
was in place during repairs for the September 2010 earthquake. The plaintiff says the defendants breached the policy
by failing to settle the claims in a timely or fair way. The plaintiff says the contract works policy provides separate and
additional cover to the material damage policy. The plaintiff seeks declarations that the defendant is obligated to pay
the cost of reinstatement on a per-event basis, based on the scope of repair works prepared by the plaintiffs experts in
addition to repair costs spent on repairs that were made redundant by further earthquakes.
24/08/2016 Stephen Rennie:- Rhodes & Co, Plaintiff
Rick Hargreaves:- Duncan Cotterill,
Defendants
YES DISCONTINUED 12/12/2017
CIV-2016-409-000750 Wilson v IAG New Zealand
Limited & Ors
General
Proceeding
Property at Victoria Street, Christchurch Central. Covered under a sum-insured policy with the defendants. Covered
under AON policy. The plaintiff says the property was damaged in 4 separate earthquake events. The plaintiff seeks
declarations that the defendant is obligated to pay the cost of reinstatement on a per-event basis, based on the scope
of repair works prepared by the plaintiffs experts.
24/08/2016 Stephen Rennie:- Rhodes & Co, Plaintiff
Peter Leman:- DLA Piper, Defendant
YES DISCONTINUED 20/09/2017
CIV-2016-409-000749 Hair v Vero Insurance New
Zealand Limited
General
Proceeding
Claim in respect of property at Lichfield Street, Christchurch Central. Covered under sum-insured business insurance
policy with the defendant. The plaintiff says it entered into a settlement agreement with the defendant on the basis of
one sum-insured amount. The plaintiff says the defendant did give proper advice about full entitlements under the
policy. The plaintiff says the sum-insured applies to each earthquake event. The plaintiff seek declarations that the
settlement agreement is not binding on the plaintiff because of breach of contract and/or mistake. The plaintiff also
seeks declarations that the defendant must assess the policy on a per-event basis.
24/08/2016 Stephen Rennie:- Rhodes & Co, Plaintiff
Cecily Brick:- Fee Langstone, Defendant
YES DISCONTINUED 03/02/2017
CIV-2016-409-000748 Southwark Investments Limited
v Earthquake Commission &
Vero Insurance New Zealand
Limited
General
Proceeding
Mixed industrial/residential property at Southwark Street, Christchurch Central. The plaintiff says the defendant has
failed or refused to settle the insurance claim on a per-event basis. The plaintiff seeks declarations, inter alia, that the
defendant is obligated to settle the claim on a per-event basis and in terms of the scope of repair proposed by the
plaintiffs expert.
24/08/2016 TC after 10/02/2020 Stephen Rennie:- Rhodes & Co, Plaintiff
Nathaniel Walker, Russell McVeagh, First
Defendant
Peter Hunt:- McElroys, Second Defendant
NO
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-000747 Viewmont Orchards Limited v
Zurich Australian Insurance
Limited
General
Proceeding
Claim in respect of three separate commercial properties at Cashel Street, Hereford Street and Kilmore Street. Each
property was insured under a policy of insurance on a sum-insured, "reinstatement" basis. The plaintiff says the policy
wording specifies that the sum-insured reinstates on the occurence of an insured event. For this reason, the plaintiff
says the defendant is incorrectly applying a single sum-insured cap to the plaintiffs claim for earthquake damage
caused by several earthquakes. The parties entered into a settlement agreement. The plaintiff argues that the
settlement agreement should be set aside defendant breached the terms of the policy insurance because (inter alia) it
did not act in good faith or advise the plaintiff of its entitlement under the policies. The plaintiff alternatively argues it
agreed to the settlement on the basis of a mistake that was known to the defendant. The plaintiff seeks orders that the
settlement agreement is set aside and the claims reassessed based on a per-event basis.
24/08/2016 Stephen Rennie:- Rhodes & Co, Plaintiff
Antony Holden:- Wotton Kearney ,Defendant
YES DISCONTINUED 01/06/2018
CIV-2016-409-000746 Wu v Vero Insurance Limited General
Proceeding
Commercial property at Dundas Street, Christchurch Central. Covered under a Vero policy. The plaintiffs say the
property was insured on a sum-insured, reinstatement basis. The plaintiffs position is that the defendant has not
properly assessed the earthquake damage to the property and refuses to acknowledge that the policy covers
earthquake damage on a per event basis. The plaintiff seeks declarations (inter alia) that the defendant is obligated to
pay the cost of reinstatement on a per-event basis.
24/08/2016 Stephen Rennie:- Rhodes & Co, Plaintiff
Peter Hunt:- McElroys, Defendant
YES DISCONTINUED 31/01/2018
CIV-2016-409-000745 Davis & Burrowes v Earthquake
Commission & Vero Insurance
New Zealand Limited
General
Proceeding
Claim in respect of a unit title development on Peterborough Street, Christchurch Central. Demolished in October
2012 as a result of a requirement by the Canterbury Earthquake Recovery Authority. The plaintiffs say they entered
into a settlement agreeement with the second defendant on the basis that one sum-insured applied to all of the
damaging earthquake events. However the plaintiff says the second defendant did not act in good faith, properly
investigate the claim or act fairly in its dealings with the plaintiffs. The plaintiff declarations (inter alia) that the settlement
agreement is not binding and that the insurance claims should be assessed on a per-event basis.
24/08/2016 Stephen Rennie:- Rhodes & Co, Plaintiff
John Knight:- Chapman Tripp, First
Defendant
Craig Langstone:- Fee Langstone, Second
Defendant (Discontinued)
YES DISCONTINUED 12/11/2018
CIV-2016-409-000744 Southern Star Investments
Limited v Vero Insurance New
Zealand Limited
General
Proceeding
Claim in respect of two separate properties at Catherdral Square, Christchurch Central and Gloucester Street,
Christchurch Central. The plaintiff says it entered into a settlement agreement with the defendant on the basis of one
sum-insured amount. The plaintiff says the defendant did give proper advice about full entitlements under the policy.
The plaintiff says the sum-insured applies to each earthquake event. The plaintiff seeks declarations that the
settlement agreement is not binding on the plaintiff because of breach of contract and/or mistake. The plaintiff also
seeks declarations that the defendant must assess the policy on a per-event basis.
24/08/2016 Stephen Rennie:- Rhodes & Co, Plaintiff
Craig Langston:- Fee Langston, Defendant
YES DISCONTINUED 21/02/2017
CIV-2016-409-000743 Avon Electric Limited v IAG
Insurance New Zealand Limited
General
Proceeding
Claim in respect of business interruption and material damage caused by earthquake damage to buildings and land at
Taurus Place, Bromley. The plaintiff says the defendant has failed to settle the claim fairly, evenly and in a timely
manner. The plaintiff says the defendant is obligated to pay the cost of reinstatement on a per-event basis up to the
sum-insured for each event.
24/08/2016 TC after 01/02/2020 Jai Moss/Gary Davis:- Plaintiff
Frank Rose:- Keegan Alexander, Defendant
NO
CIV-2016-409-000742 Grand Limited v QBE Insurance
(International) Limited
General
Proceeding
Property at Moorhouse Avenue, Sydenham. The plaintiff says it entered into a settlement agreement with the
defendant on the basis of a sum-insured amount over several earthquake events. The plaintiff says this agreement
should be set aside because the correct interpretation of the policy is on a per-event basis. The plaintiff seeks
declarations that the settlement agreement is not binding and that the claim should be reassessed on a per-event
basis.
24/08/2016 Stephen Rennie:- Rhodes & Co, Plaintiff
Frank Rose:- Keegan Alexander, Defendant
YES DISCONTINUED 16/03/2017
CIV-2016-409-000741 Body Corporate 52907 v Allianz
Australia Limited
General
Proceeding
Commercial property at Talfourd Place, Waltham. The building is a multi-unit complex and is able to be repaired. The
plaintiff says the defendants have failed to settle the claim fairly, evenly and in a timely manner. The plaintiff says the
defendants are obligated to pay the cost of reinstatement on a per-event basis up to the sum-insured for each event.
24/08/2016 Stephen Rennie:- Rhodes & Co, Plaintiff
Caroline Laband- DLA Piper, Defendant
YES DISCONTINUED 23/11/2018
CIV-2016-409-000740 Clarkville Trustees Limited v
Earthquake Commission & IAG
Insurance New Zealand Limited
General
Proceeding
Claim in respect of residential unit title complex at 62 Gloucester Street, Christchurch Central. Demolished in June
2011 by requirement of the Canterbury Earthquake Recovery Authority. The plaintiff says the defendants have failed
to settle the claim fairly, evenly and in a timely manner. The plaintiff says the defendants are obligated to pay the cost
of reinstatement on a per-event basis up to the sum-insured for each event.
24/08/2016 Stephen Rennie:- Rhodes & Co, Plaintiff
John Knight:- Chapman Tripp, First
Defendant
Rob Coltman, Duncan Cotterill, Second
Defendant (Discontinued)
YES DISCONTINUED 30/06/2017
CIV-2016-409-000739 Tubbs & Gower (on behalf of
LWR Group of Companies (In
Receivership)) v Vero Insurance
New Zealand Limited & IAG
New Zealand Limited
General
Proceeding
Claim in respect of two properties at Montreal Street, Christchurch Central. The plaintiff says the defendant has failed
to settle the claim fairly, evenly and in a timely manner. Further, the plaintiff says the defendant denies that it is
obligated to pay the claim because the building was sold. The plaintiff says the defendant is obligated to pay the cost
of reinstatement on a per-event basis up to the sum-insured for each event.
24/08/2016 Stephen Rennie:- Rhodes & Co, Plaintiff
Cecily Brick:- Fee Langston, Defendants
YES DISCONTINUED 02/05/2017
CIV-2016-409-000738 Wildberry Properties Limited v
Certain Underwriters at Lloyds of
London
General
Proceeding
Commercial property at Colombo Street, Christchurch Central. The plaintiff says the building was covered by a sum-
insured policy which automatically reinstated after each earthquake. The plaintiffs position is that the defendant
incorrectly determined that the building was beyond economic repair because the cost of repair was compared to the
sum-insured for one event. The building was subsequently demolished. The plaintiff says the building was repairable
and seeks, among other releif, the cost of repair for the damage caused by each event.
24/08/2016 Stephen Rennie:- Rhodes & Co, Plaintiff
Antony Holden:- DAC Beachcroft, Defendant
YES DISCONTINUED 26/01/2017
CIV-2016-409-000737 Smith v IAG New Zealand
Limited
General
Proceeding
(Repairs)
Commercial property at Manchester Street, Christchurch Central. Damaged inn February 2011, April 2011, June
2011 and December 2011. The plaintiff says the defendant carried out repairs to the foundations but the repairs have
failed and did not reinstate the building to a conditional substantially the same as new. The plaintiff seeks a declaration
(inter alia) that the defendant is liable for the cost of reinstatement of failed repairs and unrepaired damage to the
condition required under the policy of insurance.
24/08/2016 Stephen Rennie:- Rhodes & Co, Plaintiff
Simon Connolly, Duncan Cotterill, Defendant
YES DISCONTINUED 21/03/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-000736 Sunderland v Allianz New
Zealand Limited
General
Proceeding
Commercial property at Cashel Street, Christchurch Central. Damaged in September 2010, December 2010 and
February 2011. The plaintiff says the building was repairable but for a requirement that the building be demolished by
the Canterbury Earthquake Recovery Authority. The plaintiff says the building was not destroyed by any single event
therefore the defendant is obligated to pay the cost of repair based on the damage caused by each event up to the
sum-insured for each event.
24/08/2016 Stephen Rennie:- Rhodes & Co, Plaintiff
Caroline Laband:- DLA Piper, Defendant
YES DISCONTINUED 21/12/2018
CIV-2016-409-000735 Body Corporate 47867 v
Earthquake Commission & Vero
Insurance New Zealand Limited
General
Proceeding
Commercial property containing buildings used as shops and apartments at Victoria Street, Christchurch Central.
Covered under a Vero policy. Damaged in September 2010, February 2011 and June 2011. The plaintiff says the
defendant has failed or refused to investigate the damage to the buildings on the property. The plaintiff’s position is
that the buildings can be repaired. The plaintiff seeks declarations (inter alia) that the buildings were damaged and can
be repaired; and, the defendant is obligated to pay the cost to the repair the damage cause by each separate
earthquake event.
24/08/2016 Stephen Rennie:- Rhodes & Co, Plaintiff
John Knight:- Chapman Tripp, First
Defendant
Peter Hunt:- McElroys, Second Defendant
YES DISCONTINUED 20/03/2019
CIV-2016-409-000724 Finlay v Vero Insurance New
Zealand Limited
General
Proceeding
Property at Banks Avenue, Dallington. Covered under a Vero policy. The plaintiffs say the repair strategy provided by
the defendant does not completely remediate all of the damage to the property. The plaintiffs seek the cost to repair
the property to policy standard (not yet quantified, but inclusive of interest and costs) from the defendant.
15/08/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Gary Davis, counsel acting for plaintiffs
Alan Sherlock:- Hesketh Henry, Defendant
YES DISCONTINUED 17/10/2017
CIV-2016-409-000722 Thorpe v Earthquake
Commission & AA Insurance
Limited
General
Proceeding
(Repairs)
Property at Woodend Beach Road, Woodend. Covered under an AAI policy. Damaged in September 2010. The
plaintiffs say the work done by the first defendant does not completely remediate all of the damage to the house and
the second defendant has not taken steps to settle the claim. The plaintiffs seek $97,971.13 (plus damages, interest
and costs) from the first defendant and $374,369.61 (plus damages, interest and costs) from the second defendant.
18/08/2016 Grant Shand:- Plaintiff
John Knight:- Chapman Tripp, First
Defendant (Discontinued)
Cecily Brick:- Fee Langston, Second
Defendant
YES DISCONTINUED 17/04/2018
CIV-2016-409-000721 Peters & Kirwan v IAG New
Zealand Limited
General
Proceeding
Property at Hargood Street, Woolston. Covered under an NZI policy. Damaged in September 2010 and February
2011. The plaintiffs say the defendant has not taken sufficient steps to settle the claim and the defendant’s
recommended rebuild design will not completely remediate all of the damage to the property. The plaintiffs seek
$2,254,222.81 (plus damages, stress payment, lost rent, interest and costs) from the defendant.
18/08/2016 Grant Shand:- Plaintiff
Catherine Jamieson:- Young Hunter,
Defendant
YES DISCONTINUED 24/11/2017
CIV-2016-409-000719 Flattery-Donohoe v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
(Repairs)
Property at Cuffs Road, Wainoni. Covered under an AMI policy. Damaged in September 2010 and February 2011.
The plaintiff says the repairs undertaken by the first defendant have not completely remediated all of the damage to
the property and the second defendant has not taken steps to settle the claim. The plaintiff seeks $227,700 (plus
damages, interest and costs) from the first defendant and the remainder of the over-cap cost (not yet quantified but
inclusive of interest and costs) from the second defendant.
16/08/2016 Bill Dwyer:- solicitor for plaintiffs; Jai
Moss/Zoe Caughey:- Counsel for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Caroline Laband:- DLA Piper, Second
Defendant
YES DISCONTINUED 30/01/2018
CIV-2016-409-000718 Taylor & MacDonald v
Earthquake Commission &
Lumley General Insurance
(N.Z.) Limited (Discontinued)
General
Proceeding
Property at McFaddens Road, St Albans. Covered under a Westpac bank policy. Damaged in September 2010,
February 2011 and June 2011.The plaintiffs say the scope of works provided by the first defendant does not
completely remediate all of the damage to the house and the second defendant has not taken steps to settle the
claim. The plaintiffs seek $210,902.77 (plus damages, interest and costs) from the first defendant and the remainder
or the over-cap cost (not yet quantified but inclusive of landscaping, temporary accommodation, stress payment and
costs) from the second defendant.
15/08/2016 Andrew Ferguson, Plainiffs
John Knight:- Chapman Tripp, First
Defendant
YES DISCONTINUED 17/04/2019
CIV-2016-409-000704 Christchurch Business Finance
Limited v Earthquake
Commission & Vero Insurance
New Zealand Limited
(Discontinued)
General
Proceeding
Property at Innes Road, Mairehau. Covered under an AMP policy. Damaged in September 2010 and February 2011.
The plaintiff says the first defendant’s scope of work does not completely remediate all the damage to the house and
the second defendant has not taken reasonable steps to settle the claim. The plaintiff seeks $115,000 (plus interest
and costs) from the first defendant and the remainder of the over-cap cost (not yet quantified but inclusive of interest
and costs) from the second defendant.
19/08/2016 Andrew Hooker/Mobeena Hills:- Counsel for
plaintiff
Peter Hunt:- McElroys, First Defendant
John Knight:- Chapman Tripp,Second
Defendant
YES DISCONTINUED 29/05/2019
CIV-2016-409-000699 Majestic Investments Limited v
Vero Insurance New Zealand
Limited
General
Proceeding
Property at Wharenui Road, Riccarton. Covered under a Vero commercial policy. Damaged in September 2010. The
plaintiff says the payments made so far by the defendant are insufficient to completely remediate all of the damage to
the property. The plaintiff seeks $9,288,000 (plus interest and costs) from the defendant.
12/08/2016 Tiffany Sauni:- Counsel for plaintiff
Peter Hunt:- McElroys, Defendant
YES DISCONTINUED 12/03/2019
CIV-2016-409-000698 Emslie v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
(Repairs)
Property at Glandovey Road, Fendalton. Covered under an AMI policy. Damaged in September 2010 and February
2011. The plaintiffs say the work undertaken by the first and second defendants has not completely remediated all the
damage to the house. The plaintiffs seek a declaration that the work required to repair the damage is that specified in
their scope of works (not yet quantified but inclusive of interest and costs).
12/08/2016 J E Bayley:- Counsel for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Adam Holloway:- DLA Piper, Second
Defendant
YES DISCONTINUED 26/03/2018
CIV-2016-409-000690 Barrie v Earthquake
Commission & Tower Insurance
Limited
General
Proceeding
(Repairs)
Property at Cuffs Road, Wainoni. Covered under a Tower policy. Damaged in February 2011. The plaintiffs say the
work carried out by the first defendant has not sufficiently remediated all of the damage to the house and the second
defendant has not taken reasonable steps to settle the claim. The plaintiffs seek $113,850 (plus damages, interest
and costs) from the first defendant and $635,000 (plus damages, interest and costs) from the second defendant.
11/08/2016 Grant Shand:- Counsel for plaintiffs
John Knight:/Melanie Hayes- Chapman
Tripp, First Defendant
Martin Smith:- Gilbert Walker, Second
Defendant
YES DISCONTINUED 16/07/2018
CIV-2016-409-000689 McGowan v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Bordesley Street, Phillipstown. Covered under a State policy. Damaged in February 2011. The plaintiffs
say the first and second defendants have not taken steps to completely settle the claim. The plaintiffs seek $101,779
(plus interest and costs) from the first defendant and $285,000 (plus interest and costs) from the second defendant.
11/08/2016 Grant Shand:- Counsel for plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
YES DISCONTINUED 12/06/2019
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-000687 Thompson v Earthquake
Commission & IAG New
Zealand Limited (Discontinued)
General
Proceeding
Property at Union Street, New Brighton. Covered under a Lantern policy, Damaged in February 2011. The plaintiff
says the economic option is to rebuild the property at a cost of $523,482.53, and; the defendants have not taken
steps to settle this claim. The plaintiff seeks $97,356.02 (plus damages, interest and costs) from the first defendant
and $408,482.53 (plus damages, interest and costs) from the second defendant.
11/08/2016 Grant Smith- Counsel for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
YES DISCONTINUED 28/11/2018
CIV-2016-409-000686 Bateman Family Trust Limited v
IAG New Zealand Limited
General
Proceeding
Property at Idaho Place, Burwood. Covered under a NZI policy. Damaged in September 2010 and February 2011.
The plaintiff says the defendant has not taken reasonable steps to settle the claim. The plaintiff seeks $536,150 (plus
interest and costs) from the defendant.
11/08/2016 Grant Shand:- Counsel for plaintiffs
Catherine Jamieson:- Young Hunter,
Defendant
YES DISCONTINUED 26/05/2017
CIV-2016-409-000676 Marshall v Earthquake
Commission (discontinued) &
Lumley General Insurance
(N.Z.) Limited
General
Proceeding
Property at Riselaw Street, Mairehau. Covered under a Westpac bank policy. Damaged in September 2010, February
2011 and December 2011. The plaintiff says the first defendant’s repair strategy does not completely remediate all of
the damage to the house and the second defendant has not taken steps to settle the claim. The plaintiff seeks
$204,586.80 (plus damages, interest and costs) from the first defendant and the remainder of the over-cap costs (not
yet quantified but inclusive of landscaping, temporary accommodation, stress payment, interest and costs) from the
second defendant.
9/08/2016 Andrew Ferguson: - AF Law Limited
,plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Rob Coltman:- Duncan Cotterill, Second
Defendant
YES DISCONTINUED 05/02/2019
CIV-2016-409-000674 Lond v Earthquake Commission
& Southern Response
Earthquake Services Limited
General
Proceeding
Property at Stilt Lane, South Shore. Covered under an AMI policy. Damaged in September 2010, February 2011,
April 2011 and June 2011. The plaintiff says the first defendant’s scope of works does not completely remediate the
damage to the house and the second defendant has not taken steps to settle the claim. The plaintiff seeks
$119,522.83 (plus damages, interest and costs) from the first defendant and the remainder of the over-cap cost (not
yet quantified but inclusive of interest and cost) from the second defendant.
9/08/2016 Bill Dwyer:- solicitor for plaintiffs; Jai
Moss/Zoe Caughey:- Counsel for plaintiffs
John Knight:- Chapman Tripp, First
Defendant (DISCONTINUED)
Peter Leman:- DLA Piper, Second
Defendant
YES DISCONTINUED 04/10/2017
CIV-2016-409-000667 Internet Information Services
Limited v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Queenswood Gardens, Mairehau. Covered under an AMI policy. Damaged in September 2010. The
plaintiff’s structural engineer says the first defendant’s under-cap repair strategy does not fully remediate underlying
damage to the house. The plaintiff says the second defendant has not taken steps to settle the claim. The plaintiff
seeks $115,000 from the first defendant (plus interest and costs) from the first defendant and the remainder of the
over-cap costs (not yet quantified but inclusive of interest and costs) from the second defendant.
8/08/2016 Fixture 5 days after
31/07/2020
Melissa Borcoski and Tyler Brown, Saunders
Robinson Brown:- solicitors for plaintiffs;
Nathaniel Walker, Russell McVeagh, First
Defendant
David Friar:/Olivia De Pont- Bell Gully,
Second Defendant
NO
CIV-2016-409-000665 Cunningham v Earthquake
Commission (Discontinued) &
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Francis Avenue, Mairehau. Covered under an AMI policy. Damaged in February 2011. The plaintiffs’
structural engineer says the first defendant’s scope of works do not remediate the underlying damage to the house.
The plaintiffs say the second defendant has not taken steps to settle the claim. The plaintiffs seek $115,000 (plus
interest and costs) from the first defendant and the remainder of the over-cap cost (not yet quantified but inclusive of
interest and costs) from the second defendant.
8/08/2016 TC after 21/02/2020 Melissa Borcoski and Tyler Brown, Saunders
Robinson Brown:- solicitors for plaintiffs;
Nathaniel Walker, Russell McVeagh, First
Defendant
David Friar:- Bell Gully, Second Defendant
NO
CIV-2016-409-000660 Lucas v Lumley General
Insurance (N.Z) Limited
General
Proceeding
Property at Matipo Street, Riccarton. Covered under a Lumley policy. Damaged in September 2010 and February
2011. The plaintiffs say the defendant has not taken steps to settle the claim. The plaintiffs seek $1,761,000 (plus
interest and costs) from the defendant.
4/08/2016 Christopher Lucas:- Solicitor for plaintiff YES DISCONTINUED 21/12/2016
CIV-2016-409-000653 Sione v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
(Repairs)
Property at Carters Road, Aranui. Covered under an ASB bank policy. Damaged in September 2010, February 2011
and June 2011. The plaintiff’s structural engineer says the first defendant’s scope of works do not sufficiently
remediate the underlying damage to the house. The plaintiff says the second defendant has not taken steps to settle
the claim. The plaintiff seeks $341,550 (plus damages, interest and costs) from the first defendant and the remainder
of the over-cap cost (not yet quantified but inclusive of landscaping, stress payment, interest and costs) from the
second defendant.
4/08/2016 Bill Dwyer:- solicitor for plaintiffs; Jai
Moss/Zoe Caughey:- Counsel for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Bridget Read:- Young Hunter, Second
Defendant
YES DISCONTINUED 20/08/2018
CIV-2016-409-000648 Lewis v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Charon Street, Brooklands. Covered under an AMI policy. Damaged in September 2010 and February
2011. The plaintiff says the cash payment already made by the defendant is insufficient to remediate the damage to
the house. The plaintiff seeks $445,937.66 (plus damages, interest and costs) from the defendant.
4/08/2016 Grant Shand:- Counsel for plaintiffs
Emily Walton:- Wynn Williams, Defendant
YES DISCONTINUED 13/04/2017
CIV-2016-409-000647 Smart Carson Investments
Limited v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Lydbury Place, Parklands. Covered under an AMI policy. Damaged in September 2010 and February
2011. The plaintiffs say the defendant has not taken steps to settle the claim. The first plaintiff seeks $529,282.15
(plus lost rent, interest and costs) from the defendant. The second plaintiff seeks $527,193.78 plus (lost rent,
damages, interest and costs) from the defendant.
4/08/2016 Grant Shand:- Counsel for plaintiffs
David Friar/Morgan Powell:- Bell Gully,
Defendant
YES DISCONTINUED 02/11/2017
CIV-2016-409-000646 Yeshua Holdings Limited v
Tower Insurance & Earthquake
Commission (Discontinued)
General
Proceeding
(Repairs)
Property at Buckleys Road, Linwood. Covered under a Tower policy. Damaged in September 2010 and February
2011. The plaintiff says the economic option is to rebuild and the offer made by the first defendant would not fully
remediate the damage to the property. The plaintiff says the second defendant has not taken steps to settle the claim.
The plaintiff seeks $310,766.14 (plus temporary accommodation, interest and costs) from the first defendant and
$160,431.27 (plus interest and costs) from the second defendant
4/08/2016 Grant Shand:- Counsel for plaintiffs
Martin Smith:- Gilbert Walker, First
Defendant
YES DISCONTINUED 10/07/2018
CIV-2016-409-000644 Talltree Properties Limited v
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Rocking Horse Road, Southshore. Covered under an AMI policy. Damaged in September 2010 and
February 2011. The plaintiff says the defendant has not taken steps to settle the claim. The plaintiff seeks
$586,904.09 (plus interest and costs) from the defendant.
4/08/2016 Tyler Brown:- Counsel for plaintiffs
Emily Walton:- Wynn Williams, Defendant
YES DISCONTINUED 13/04/2018
CIV-2016-409-000643 O'Conner v Earthquake
Commission & IAG New
Zealand Limited (Discontinued)
General
Proceeding
Property at Innes Road, Mairehau. Covered under an IAG policy. Damaged in September 2010, February 23011,
June 2011 and December 2011. The plaintiff says the payments made by the first defendant to date have not been
sufficient to fully remediate the damage to the house and the second defendant has not taken steps to settle the claim.
The plaintiff seeks $326,131.23 (plus damages, interest and costs) from the first defendant and $358,256 (plus
interest and costs) from the second defendant.
2/08/2016 and Jai Moss/Noor Hamid, counsel acting for
plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Rick Hargreaves:- Duncan Cotterill, Second
Defendant
YES DISCONTINUED 18/10/2018
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-000642 Rose v Earthquake Commission
& IAG New Zealand Limited
General
Proceeding
Property at Estuary Road, South New Brighton. Covered under Asset Care Insurance. Damaged in September 2010
and February 2011. The plaintiff says the first defendant’s repair strategy does not fully remediate all of the earthquake
damage to the house and the second defendant failed to take steps to settle the claim. The plaintiff seeks
$167,941.15 (plus damages, interest and costs) from the first defendant and $270,237.86 (plus damages, stress
payment, interest and costs) from the second defendant.
29/07/2016 Grant Shand:- Counsel for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Caroline Laband- DLA Piper, Second
Defendant
YES DISCONTINUED 02/05/2019
CIV-2016-409-000641 McGregor v Earthquake
Commission (discontinued) &
IAG New Zealand Limited
General
Proceeding
(Repairs)
Property at Tedder Avenue, North New Brighton. Covered under an NZI policy. Damaged in February 2011. The
plaintiffs structural engineer says the first defendants repair strategy does not meet the standard required under
Earthquake Commission Act 1993 or address the underlying damage to the house.The plaintiff seeks $95,406.30
(plus damages, interest and costs) from the first defendant and the remainder of the over-cap cost (not yet quantified
but inclusive of other policy entitlements, interest and costs) from the second defendant.
2/08/2016 Andrew Ferguson:- A F Law, Counsel for
plaintiffs
John Knight:- Chapman Tripp, First
Defendant (Discontinued)
Rob Coltman:- Duncan Cotterill, Second
Defendant
YES DISCONTINUED 21/08/2018
CIV-2016-409-000640 Groom v IAG New Zealand
Limited and Earthquake
Commission (Discontinued)
General
Proceeding
Property at Condell Avenue, Papanui. Covered under an IAG policy. Damaged in September 2010, February 2011
and June 2011. The plaintiffs say the defendants have inadequately and inconsistently assessed the costs of repair of
the house. The plaintiffs seek $437,287 (plus interest and costs) from the first defendant and $101.669.93 (plus
interest and costs) from the second defendant.
27/07/2016 P W Michalik:- Plaintiffs
Paul Smith:- Duncan Cotterill, Defendant
YES DISCONTINUED 12/12/2018
CIV-2016-409-000632 Neil v Earthquake Commission
(Discon) & IAG New Zealand
Limited
General
Proceeding
Property at Derwent Street, Bryndwr. Covered under State policy. Damaged in September 2010, February 2011 and
December 2011. The plaintiffs say the repair works proposed by the first defendant will not reinstate the property. The
plaintiffs say the foundations must be replaced. The plaintiffs have not yet quantified its claim. The plaintiffs claim up to
$227,700 from the first defendant and the remainder from the second defendant (plus damages, interest and costs).
27/07/2016 Self-represented, Plaintiff
John Knight:- Chapman Tripp, First
Defendant
Chris Hlavac, Young Hunter, Second
Defendant
YES DISCONTINUED 18/03/2019
CIV-2016-409-000631 Ansell v Tower Insurance
Limited
General
Proceeding
Property at St Albans Street, St Albans. Covered under Tower policy. Damaged in September 2010. The plaintiffs say
the foundations must be replaced in order to reinstate the house. The economic option, according to the plaintiffs, is
to rebuild the house at a cost of $859,448.91. The plaintiffs claim $744,448.91 (plus damages, interest and costs)
from the defendant.
27/07/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Noor Hamid, counsel acting for
plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Matthew Harris:- Gilbert Walker, Second
Defendant
YES DISCONTINUED 07/07/2017
CIV-2016-409-000601 Sekai v Earthquake Commission
& Tower Insurance Limited
General
Proceeding
Property at Keighleys Road, Bromley. Covered under an ANZ bank policy. Damaged in September 2010, February
2011, June 2011 and December 2011. The plaintiffs structural engineer says the economic option is to rebuild, and
the first defendants repair strategy does not address underlying damage. The plaintiffs say the second defendant has
not taken steps to settle the claim. The plaintiff seeks $113,850 (plus damages, interest and costs) from the first
defendant and $314,745.71 (plus interest, costs and other policy entitlements) from the second defendant.
15/07/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Noor Hamid, counsel acting for
plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Matthew Harris:- Gilbert Walker, Second
Defendant
YES DISCONTINUED 13/11/2017
CIV-2016-409-000599 Sekai v Earthquake Commission
& Tower Insurance Limited
General
Proceeding
Property at Kawau Crescent, Bromley. Covered under an ANZ bank policy. Damaged in September 2010, February
2011 and June 2011. The plaintiffs structural engineer says the first defendants repair strategy does not address
underlying damage to the house. The plaintiffs say the second defendant has not taken steps to settle the claim. The
plaintiffs seek $133,819.95 (plus damages, interest and costs) from the first defendant and $466,717.75 (plus interest,
costs and other policy entitlements) from the second defendant.
15/07/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Noor Hamid, counsel acting for
plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Matthew Harris:- Gilbert Walker, Second
Defendant
YES DISCONTINUED 26/02/2018
CIV-2016-409-000597 Ghazizada v Earthquake
Commission & Tower Insurance
Limited (Discontinued)
General
Proceeding
Property at Warden Street, Richmond. Covered under an ANZ bank policy. Damaged in February 2011. The plaintiffs
structural engineer says the first defendants repair strategy does not address underlying damage to the house. The
plaintiff says the second defendant has not taken steps to settle the claim. The plaintiff seeks $113,850 (plus
damages, interest and costs) from the first defendant and the remainder of the over-cap cost to reinstate the house
(Not yet quantified, but inclusive of interest, costs and other policy entitlements) from the second defendant.
15/07/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Noor Hamid, counsel acting for
plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Matthew Harris:- Gilbert Walker, Second
Defendant
YES DISCONTINUED 19/12/2018
CIV-2016-409-000596 Petegem v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
(Repairs)
Property at Pinewood Avenue, New Brighton. Covered under IAG policy. Damaged in September 2010, February
2011, June 2011 and December 2011. The plaintiffs say the foundations of the house must be replaced with TC3
foundations in order to repair the house therefore the economic option is to rebuild the house at a cost of
$517,075.10. The plaintiffs claim $165,557.51 from the first defendant and $351,517.59 from the second defendant
(plus damages, interest and costs).
15/07/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Noor Hamid, counsel acting for
plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Rob Coltman:- Duncan Cotterill, Second
Defendant
YES DISCONTINUED 08/11/2018
CIV-2016-409-000595 Tong & Sia v Earthquake
Commission (Discontinued) &
Vero Insurance New Zealand
Limited
General
Proceeding
(Repairs)
Property at Greendale Avenue, Avonhead. Covered under a Vero policy. Damaged in September 2010 and February
2011. The plaintiffs structural engineer says the economical option is to rebuild the house. The plaintiffs say the first
defendant failed to produce a strategy to remediate the damage and the second defendants engineering report does
not sufficiently address underlying damage to the house. The plaintiffs seek $227,700 (plus damages, interest and
costs) from the first defendant and $471,313.31 (plus landscaping costs, damages, interest and costs) from the
second defendant.
15/07/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Noor Hamid, counsel acting for
plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Peter Hunt:- McElroys, Second Defendant
YES DISCONTINUED 29/01/2019
CIV-2016-409-000591 Ogilvie v IAG New Zealand
Limited
General
Proceeding
Property at Main Road, Mount Pleasant. Covered under an NZI policy. Damaged in February 2011 and June 2011.
The plaintiffs say the defendant has not met its obligation to provide top-up cover above the maximum amount
payable by Earthquake Commission. The plaintiffs seek an order that the defendant pay the difference between the
maximum payable by Earthquake Commission and the amount payable under the policy or a declaration that the
defendant must pay the costs of repair as specified by the scope of works provided by the plaintiffs engineer (plus
damages, interest and costs).
14/07/2016 Andrew Hooker/Mobeena Hills;- Counsel for
plaintiffs
Caroline Laband:- DLA Piper, Defendant
YES DISCONTINUED 13/08/2018
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-000590 Schwertheim v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Head Street, Sumner. Covered under an AMI policy. Damaged in September 2010 and February 2011.
The plaintiffs say the defendant has not met its obligation to provide top-up cover above the maximum amount
payable by Earthquake Commission as per the policy. The plaintiffs seek an order that the defendant pay the
difference between the maximum payable by Earthquake Commission and the amount payable under the policy (plus
damages, interest and costs).
14/07/2016 Andrew Hooker/Mobeena Hills:- Shine
Lawyers, Plaintiffs
Pip Allan:- Wynn Williams, Defendant
YES DISCONTINUED 24/07/2017
CIV-2016-409-000589 Hart v IAG New Zealand Limited General
Proceeding
Property at Woodhurst Drive, Casebrook. Covered under a NZI policy. Damaged in September 2010 and February
2011. The plaintiff says the defendant has not met its obligation to provide top-up cover above the maximum amount
payable by Earthquake Commission as per the policy. The plaintiff seeks an order that the defendant pay the
difference between the maximum payable by Earthquake Commission and the amount payable under the policy (plus
damages, interest and costs).
14/07/2016 Andrew Hooker/Mobeena Hills:- Shine
Lawyers, Plaintiff
Rob Coltman:- Duncan Cotterill, Defendant
YES DISCONTINUED 27/08/2019
CIV-2016-409-000588 Ellis v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Lamorna Road, Parklands, Christchurch. Covered under AMI policy. Damaged in September 2010,
February 2011 and June 2011. The plaintiffs say the damage to the house requires the foundations to be completely
replaced with TC3 type foundations. The plaintiffs say the cost to carry out this work is $1,000,000. The plaintiffs claim
$872,175.50 (plus damages, interest and costs) from the defendant.
11/07/2016 Grant Shand:- Plaintiffs
Caroline Laband:- DLA Piper, Defendant
YES DISCONTINUED 19/09/2017
CIV-2016-409-000586 Davis Ogilvie & Partners Limited
v QBE Insurance (International)
Limited
General
Proceeding
(Declaratory
Judgment)
The plaintiff was insured under a commercial material damage and business expenses policy by the defendant. The
policy covered contents/plant for four leased properties around the South Island including one on Armagh Street,
Christchurch Central. The plaintiff says the defendant will not pay up to the maximum sum insured of $727,000
because the defendant says there is a sum insured cap of $55,000. The plaintiffs position is that there is no such cap
other than the total sum insured cap. The plaintiff seeks declarations that the claim is not subject to a cap and that the
defendant is liable to indemnity the plaintiff under the policy for $497,624.48 (plus interest and costs).
6/07/2016 Willie Palmer:- Buddle Findlay, Plaintiff
Frank Rose:- Keegan Alexander, Defendant
YES DISCONTINUED 23/02/2017
CIV-2016-409-000553 Barker & Ors v Earthquake
Commission & Southern
Response Earthquake Services
Limited (Discontinued)
General
Proceeding
Property at Reserve Terrace, Lyttleton. Covered under AMI policy. Damaged in September 2010, February 2011,
June 2011 and December 2011. The plaintiffs say the first defendant elected to cash settle the plaintiffs claim for
repair costs assessed at $52,791.74. The plaintiffs say the proposed repair strategy will not repair all of the earthquake
damage to the house. The plaintiffs say the economic option is to rebuild the house at a cost of $1,322,820.36. The
plaintiffs claim $196,428.69 (plus damages, interest and costs) from the first defendant and $1,092,820.36 (plus
interest and costs) from the second defendant.
28/06/2016 Bill Dwyer:- solicitor for plaintiffs; and Jared
Higby, counsel acting for plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
David Friar:- Belly Gully, Second Defendant
YES DISCONTINUED 14/06/2019
CIV-2016-409-000552 Fraser v Earthquake
Commission (Discontinued) &
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Royalist Avenue, North New Brighton. Covered under AMI policy. Damaged in September 2010, February
2011 and December 2011. The plaintiff says the repair method proposed by the defendants will not reinstate the
property because it will leave unrepaired earthquake damage and the repairs will not remediate the damage to the
house. The plaintiffs position is that the foundations must be replaced. The plaintiff also says there is damage to the
land and that the first defendants settlement payment is less than what the plaintiff is entitled to under Earthquake
Commission Act 1993. The plaintiff has not yet quantified its claim. The plaintiff claims up to $319,387.84 (plus
damages, interest and costs) from the first defendant and the remainder from the second defendant.
28/06/2016 Noor Hamid, counsel acting for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Richard Hargreaves:- Wynn Willams,
Second Defendant
YES DISCONTINUED 09/08/2018
CIV-2016-409-000550 Khan & Ors v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
(Repairs)
Property at Akaroa Street, Shirley. Covered under an AMI policy. Damaged in February 2011 and June 2011. The
plaintiffs disagree with the scope of repair works and say the repairs completed to date do not remediate all the
earthquake damage. The plaintiffs structural engineer says the economic option is to rebuild. The plaintiffs seek
$227,700 (plus damages, interest and costs) from the first defendant and $340,378.04 (plus interest and costs) from
the second defendant.
28/06/2016 Cameron Sherwood:-GCA Lawyers
John Knight:- Chapman Tripp, First
Defendant
Emily Walton:- Wynn Williams, Second
Defendant
YES DISCONTINUED 03/05/2019
CIV-2016-409-000549 Liu v Earthquake Commission &
Southern Response Earthquake
Services Limited (Discon)
General
Proceeding
(Repairs)
Property at Blake Street, New Brighton. Covered under an AMI policy. Damaged in September 2010, February 2011,
June 2011, and February 2016. The plaintiff says the first defendants repairs failed to remediate the house to the
standard required under Earthquake Commission Act 1993. The plaintiff seeks $113,850 (plus damages, interest and
costs) and the remainder of the over-cap cost (not yet quantified but inclusive of interest and costs) from the second
defendant.
28/06/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Noor Hamid, counsel acting for
plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Peter Leman:- DLA Piper, Second
Defendant
YES DISCONTINUED 06/09/2018
CIV-2016-409-000547 Hood & Ward v Earthquake
Commission & IAG New
Zealand Limited & Vero
Insurance New Zealand Limited
General
Proceeding
Property at Bordesley Street, Phillipstown. Covered under Vero policy. Damaged in September 2010, February 2011
and December 2011. The plaintiffs say the foundations of the house must be replaced in order to reinstate the
property. The plaintiffs have not yet obtained an analysis of the cost to repair or rebuild the house. The plaintiffs claim
$208,416.46 (plus damages, interest and costs) from the first defendant and the remainder of the cost to reinstate
(plus other entitlements, damages, interest and costs) from the second defendants.
28/06/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Noor Hamid, counsel acting for
plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Catherine Jamieson:- Young Hunter, Second
Defendant
YES CONSOLIDATED WITH
CIV-2016-409-329 06/10/2016
CIV-2016-409-000536 Stafford Nominees Limited &
Ors v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Utah Place, Burwood. Covered under AMI policy. Damaged in February 2011. The plaintiffs say the
foundations must be replaced in order to repair the house. For this reason the plaintiffs say the economic option is to
rebuild the house at a cost of $1,061,003.46. The plaintiffs claim $946,003.46 (plus damages, interest and costs) from
the defendant.
21/06/2016 Fixture - 10 days Grant Smith/Jai Moss/Noor Hamid:- Plaintiffs
David Friar:- Bell Gully, Defendant
NO Ready List Entry Date: 03/08/2018
CIV-2016-409-000519 Lee v Medical Assurance
Society Limited
General
Proceeding
Property at Clissold Street, Merivale. Covered under MAS policy. Damaged in September 2010 and February 2011.
The plaintiffs say the only way to reinstate the property to a condition substantially the same as new is to rebuild the
house and that the house is uneconomic to repair. The plaintiffs seek a declaration that the house must be rebuild to
reinstate it to a condition substantially the same as new and costs.
16/06/2016 A Fox:- Saunders Robinson Brown, solicitor
for plaintiffs; and Philip Shamy, counsel
acting for plaintiffs
Andrew Horne:- Minter Ellison Rudd Watts,
Defendant
YES DISCONTINUED 13/10/2016
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-000518 Krawczyk & Lander v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Park Terrace, Corsair Bay. Covered under AMI policy. Damaged in September 2010 and February 2011.
The plaintiffs say the economic option is to rebuild the house at a cost of $670,567. The plaintiffs claim $564,214.14
(plus damages, interest and costs) from the defendant.
17/06/2016 Grant Shand:- Plaintiffs
Emily Walton:- Wynn Williams, Defendant
YES DISCONTINUED 10/03/2017
CIV-2016-409-000501 Guerrier & Francis v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
(Repairs)
Property at Charlesworth Street, Woolston. Covered under an AMI policy. Damaged in September 2010, February
2011, June 2011, and December 2011. The plaintiffs say the first defendants repairs failed to remediate the house to
the standard required under Earthquake Commission Act 1993. The plaintiffs seek $113,850 (plus damages, interest
and costs) from the first defendant and the remainder of the over-cap cost (not yet quantified but inclusive of interest
and costs) from the second defendant.
14/06/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Noor Hamid, counsel acting for
plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Emily Walton:- Wynn Williams, Second
Defendant
YES DISCONTINUED 15/11/2018
CIV-2016-409-000495 Mear v Earthquake Commission
& Southern Response
Earthquake Services Limited
(Discontinued)
General
Proceeding
Property at Lowry Avenue, Redwood. Covered under AMI policy. Damaged in September 2010 and February 2011.
The plaintiff says all insurance rights were assigned to it when it purchased the house from the former owners. The
plaintiff says further the property suffered land damage. The plaintiffs position is that the economic option is to rebuild
the house at a cost of $671,853.59. The plaintiff claims $227,700 (plus damages, interest and costs) from the first
defendant and $441,853.59 (plus damages, interest and costs) from the second defendant.
14/06/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Noor Hamid, counsel acting for
plaintiffs
John Knight:- Chapman Tripp, First
Defendant
YES DISCONTINUED 24/10/2018
CIV-2016-409-000494 Nielsen v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Grafton Street, Waltham. Covered under AMI policy. Damaged in September 2010 and February 2011.
The plaintiffs says the defendant has breached the policy of insurance by failing to agree to pay the cost of
reinstatement. The plaintiff seeks an order that the defendant specifically perform its duties under the policy (plus
interest and costs).
13/06/2016 Paul Cowey/Alexander Summerlee:
Parryfield, Plaintiff
David Friar/Morgan Powell:- Bell Gully,
Defendant
YES DISCONTINUED 10/05/2019
CIV-2016-409-000493 Nielsen v IAG New Zealand
Limited
General
Proceeding
Property at Short Street, Waltham. Covered under IAG policy. Damaged in September 2010 and February 2011. The
plaintiffs say it will cost $451,470 (excluding GST) to rebuild the house. The plaintiff says the defendant has breached
the policy by failing to agree to pay the costs of rebuilding the house. The plaintiff seeks orders, inter alia, that the
defendant specifically perform its duties under the policy by paying the difference between EQCover and the maximum
amount payable under the policy (plus interest and costs).
13/06/2016 Grant Smith: - Canterbury Legal, Plaintiffs
Catherine Jamieson:- Young Hunter,
Defendant
YES DISCONTINUED 26/10/2017
CIV-2016-409-000492 Peka Holdings Limited v IAG
New Zealand Limited
General
Proceeding
Property at Spencer Street, Addington. Covered under NZI policy. Damaged in September 2010 and February 2011.
The plaintiff says the cost to repair the house is $645,000 and the cost to rebuild is $793,402. The plaintiffs says the
defendant has breached the policy of insurance by failing to agree to pay the cost of reinstatement. The plaintiff seeks
an order that the defendant specifically perform its duties under the policy (plus interest and costs).
13/06/2016 Andrew Hooker/Mobeena Hills:- Shine
Lawyers, Plaintiffs
Vanessa Ma/Caroline Laband:- DLA Piper,
Defendant
YES DISCONTINUED 07/08/2017
CIV-2016-409-000469 Brosnahan v Earthquake
Commission & Vero Insurance
New Zealand Limited
General
Proceeding
Property at Ruby Avenue, Northwood. Covered under AMP policy. Damaged in September 2010 and February 2011.
The plaintiffs say the cost to repair the house is $512,000 but they do not have the financial means to pay for the
repairs until the defendants agrees to pay that cost. The plaintiffs claim $115,000 per event (plus interest and costs)
from the first defendant and the remainder (plus interest and costs) from the second defendant.
8/06/2016 Andrew Hooker/Mobeena Hills:- Shine
Lawyers, Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Alan Sherlock/Stephanie Corbin:- Second
Defendant
YES DISCONTINUED 29/08/2018
CIV-2016-409-000456 Body Corporate 342446 v AIG
Insurance New Zealand Limited
General
Proceeding
Property at Oxford Terrace, Christchurch Central. Damaged in February 2011. Policy under AIG. Plaintiff seeks a
declaration that the defendant is obligated to pay for the reinstatement of the building in the manner described in the
expert report and any further works that maybe identified as necessary to reinstate the building in accordance with the
policy standard (plus costs).
2/06/2016 Shaun Cottrell/Richard Lynn:- GCA Lawyers,
Plaintiff
Neil Campbell QC, Counsel
Antony Holden:- DAC Beachcroft New
Zealand, Defendant
YES DISCONTINUED 26/04/2018
CIV-2016-409-000441 Humphries v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Sedgemoor Street, Burwood. Covered under AMI policy. Damaged in February 2011. The plaintiffs say
they have not received payment from the defendant. The plaintiffs say the economic option is to rebuild the house at a
cost of $760,721.81. The plaintiff claims $645,721.81 (plus damages, interest and costs) from the defendant.
2/06/2016 Grant Shand:- Plaintiffs
Emily Walton:- Wynn Williams, Defendant
YES DISCONTINUED 07/12/2017
CIV-2016-409-000440 VBE Limited v Earthquake
Commission & Tower Insurance
Limited (Discon)
General
Proceeding
Property at Walton Street, Sydenham. Covered under Tower policy. Damaged in February 2011. The plaintiff says it
will cost $450,000 to remediate the house but neither defendant has made payment to the plaintiff. At the time of filing,
the plaintiffs had not obtained expert reports to quantify their claims against the defendants. The plaintiffs seek a
declaration that the defendants are liable to pay the full replacement sum of rebuilding the home (plus interest and
costs).
1/06/2016 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Martin Smith:- Gilbert Walker, Second
Defendant
YES DISCONTINUED 27/06/2018
CIV-2016-409-000438 Miller v Earthquake Commission
(Discontinued) & Tower
Insurance Limited
General
Proceeding
(Repairs)
Property at St Martins Road, St Martins. Covered under a Tower policy. Damaged in February 2011. The plaintiff says
the first defendants repairs failed to remediate the damage to the house. The plaintiff seeks $113,850 (plus interest
and costs) from the first defendant and $735,000 (plus interest and costs) from the second defendant.
17/06/2016 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Matthew Harris:- Gilbert Walker, Second
Defendant
YES DISCONTINUED 10/09/2018
CIV-2016-409-000437 Dalziel v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
(Repairs)
Property at Chancellor Street, Richmond. Covered under an NZI policy. Damaged in February 2011. The plaintiff says
the first defendants repairs failed to remediate the house to the standard required under Earthquake Commission Act
1993. The plaintiff seeks $113,850 (plus damages, interest and costs) from the first defendant and $535,000 (plus
damages, interest and costs) from the second defendant.
1/06/2016 Grant Shand:- Plaintiffs
Anna Priaulx:- DLA Piper, Second Defendant
YES DISCONTINUED 24/04/2018
CIV-2016-409-000435 VBE Limited v Tower Insurance
Limited
General
Proceeding
Property at Walton Street, Sydenham. Covered under Tower policy. Damaged in February 2011. The plaintiff says the
defendants position is that the house can be repaired for $261,066.91. The plaintiff says it will cost $450,000 to
remediate the house. The plaintiff claims $335,000 (plus interest and costs) from the defendant.
1/06/2016 Grant Shand:- Plaintiffs
Matthew Harris:- Gilbert Walker, Defendant
YES DISCONTINUED 21/02/2018
CIV-2016-409-000423 McDonald & Ors v Earthquake
Commission (Discontinued) &
IAG New Zealand Limited
General
Proceeding
(Repairs)
Property at St Helier Crescent, Aranui. Covered under a BNZ bank policy. Damaged in February 2011. The plaintiffs
say the first defendants repairs failed to remediate the house to the standard required under Earthquake Commission
Act 1993. The plaintiffs seek $113,850 (plus damages, interest and costs) from the first defendant and the remainder
of the over-cap cost (not yet quantified but inclusive of landscaping cost, stress payment, temporary accommodation,
interest and costs) from the second defendant.
31/05/2016 TC after 01/02/2020 Bill Dwyer:- solicitor for plaintiffs; and Jared
Higby, counsel acting for plaintiffs
Paul Smith:- Duncan Cotterill, Second
Defendant
NO
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-000421 Gallagher v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Breezes Road, Aranui. Covered under IAG policy. Damaged in September 2010, February 2011, June
2011 and December 2011. The plaintiff says the repair works proposed by the defendant is insufficient to repair the
house to the condition required under the policy of insurance. At the time of filing, the plaintiff had not obtained expert
reports to quantify its claim against the defendants. The plaintiff seeks a declaration that the defendants are liable to
pay the full replacement sum of rebuilding the home (plus stress payment, lanscaping costs, temporary
accommodation costs, general damages, interest and costs).
31/05/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/, counsel acting for plaintiffs
John Knight:- Chapman Tripp, First
Defendant (DISCONTINUED)
Grant MacDonald/Anna McElhinney:- DLA
Piper, Second Defendant
YES DISCONTINUED 27/09/2017
CIV-2016-409-000415 Hubac v Earthquake
Commission (Discontinued) and
Lumley General Insurance
General
Proceeding
(Repairs)
Property at Barbourne Street, Hillsborough. Covered under a Westpac Bank policy. Damaged in September 2010,
February 2011, June 2011, December 2011 and January 2013. The plaintiff says the first defendant’s scope of works
does not completely remediate all the damage to the house and the second defendant has not taken steps to settle
the claim. The plaintiff seeks $341,550 (plus damages, interest and costs) from the first defendant and the remainder
of the over-cap cost (not yet quantified but inclusive of landscaping, temporary accommodation, stress payment,
interest and costs) from the second defendant.
31/05/2016 Jared Higby, counsel acting for plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Hayley Dale/Simon Connolly:- Duncan
Cotterill, Second Defendant
YES DISCONTINUED 22/07/2019
CIV-2016-409-000414 Boros & Bodnar v Earthquake
Commission & Tower Insurance
Limited (Discontinued)
General
Proceeding
Property at Palatine Terrace, Saint Martins. Covered under Tower policy. Damaged in September 2010, December
2010, February 2011 and June 2011. The plaintiffs say the repair works proposed by the defendants is insufficient to
repair the house to the condition required under the policy of insurance. At the time of filing, the plaintiffs had not
obtained expert reports to quantify their claims against the defendants. The plaintiffs seek a declaration that the
defendants are liable to pay the full replacement sum of rebuilding the home (plus general damages, interest and
costs).
31/05/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/, counsel acting for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Matthew Harris:- Gilbert Walker, Second
Defendant
YES DISCONTINUED 17/07/2018
CIV-2016-409-000413 Lee v Tower Insurance Limited General
Proceeding
Property at Lenton Street, Aranui. Covered under Tower policy. Damaged in September 2010, February 2011 and
June 2011. The plaintiff says the repair works proposed by the defendant is insufficient to repair the house to the
condition required under the policy of insurance. At the time of filing, the plaintiff had not obtained expert reports to
quantify its claim against the defendant. The plaintiff seeks a declaration that the defendant is liable to pay the full
replacement sum of rebuilding the home (plus lanscaping costs, temporary accommodation costs, general damages,
interest and costs) from the defendant.
31/05/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/, counsel acting for plaintiffs
Matthew Harris:- Gilbert Walker, Defendant
YES DISCONTINUED 05/07/2017
CIV-2016-409-000406 Partridge v Earthquake
Commission & IAG New
Zealand Limited (Discontinued)
General
Proceeding
Property at Wattle Drive, New Brighton. Covered under State policy. Damaged in September 2010, February 2011
and June 2011. The plaintiff says the first defendant cash settled the majority of the claim following some temporary
repairs. The plaintiff says the repair works proposed by the defendants are insufficient to repair the house to the
condition required under the policy of insurance. At the time of filing, the plaintiff had not obtained expert reports to
quantify its claim against the defendants. The plaintiff seeks a declaration that the defendants are liable to pay the full
replacement sum of rebuilding the home (plus stress payment, lanscaping costs, temporary accommodation costs,
general damages, interest and costs).
26/05/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Noor Hamid, counsel acting for
plaintiffs
John Knight:- Chapman Tripp, First
Defendant (DISCONTINUED)
Caroline Laband:- DLA Piper, Second
Defendant
YES DISCONTINUED 09/02/2018
CIV-2016-409-000405 Reynolds v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
(Repairs)
Property at Greenwood Close, Mairehau. Covered under an AMI policy. Damaged in February 2011. The plaintiff says
the first defendants repair strategy and limited repairs failed to remediate the house to the standard required under
Earthquake Commission Act 1993. The plaintiff seeks $113,850 (plus damages, interest and costs) from the first
defendant and the remainder of the over-cap cost to reinstate the house (plus interest and costs) from the second
defendant.
26/05/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Noor Hamid, counsel acting for
plaintiffs
John Knight:- Chapman Tripp, First
Defendant
David Friar/Gabriella Garcia- Bell Gully,
Second Defendant
YES DISCONTINUED 12/07/2018
CIV-2016-409-000396 Luke & Ors v Earthquake
Commission
General
Proceeding
(Repairs)
Property at Hills Road, Edgeware. Covered under AMI policy but proceeding filed in respect of repairs carried out by
the defendant. Damaged in September 2010, February 2011, June 2011 and December 2011. The plaintiffs say the
repairs that were carried out by the defendant were not to the proper standard required by Earthquake Commission
Act 1993 and the scope of works did not include proper repair strategies for the damage to the house. The plaintiffs
say the proper repair methodology involves demolition and replacement of the foundations. The plaintiffs seek overcap
payment/s from the defendant plus interest and costs.
23/05/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Gary Davis, counsel acting for plaintiffs
John Knight:- Chapman Tripp, Defendant
YES DISCONTINUED 20/10/2016
CIV-2016-409-000385 A R Smith Trustee Services
Limited v Tower Insurance
Limited
General
Proceeding
Property at Hawkhurst Road, Lyttleton. Covered under Tower policy. Damaged in September 2010 and February
2011. The plaintiff says it obtained a structural engineering report which says the house must be lifted and the
foundations replaced in order to repair the house. The plaintiff says it is in the process of costing the repair
methodology. The plaintiff claims the cost to repair the house (minus payments made by Earthquake Commission plus
$2500 landscaping costs, $25,000 temporary accommodation damages, interest and costs) from the defendant.
19/05/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Noor Hamid, counsel acting for
plaintiffs
Matthew Harris:- Gilbert Walker, Defendant
YES DISCONTINUED 08/02/2018
CIV-2016-409-000384 McGoverne v Earthquake
Commission & Lumley General
Insurance (N.Z.) Limited
General
Proceeding
(Repairs)
Property at Fleming Street, North New Brighton. Covered under a Westpac bank policy. Damaged in September
2010, February 2011, June 2011, and December 2011. The plaintiff says repair works carried out by the defendant
do not sufficiently repair the house to the standard required under Earthquake Commission Act 1993. The plaintiff
seeks $107,972.71 (plus damages, interest and costs) from the first defendant and the remainder of the over-cap cost
(not yet quantified but inclusive of landscaping cost, stress payment, temporary accommodation cost, interest and
costs) from the second defendant.
19/05/2016 Jared Higby, counsel acting for plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant (EQC discontinued 22 October
2019)
Paul Smith/Rick hargreaves:- Duncan
Cotterill, Second Defendant
YES DISCONTINUED 24/10/2019
CIV-2016-409-000383 Viktor And Beata Limited v
Earthquake Commission &
Tower Insurance Limited
General
Proceeding
Property at Lamorna Road, Queenspark. Covered under Tower policy. Damaged in September 2010, February 2011,
June 2011 and December 2011. The plaintiff says to repair the house it must be lifted and the foundations replaced
with TC3 foundations. The plaintiff says it is in the process of costing the repair methodology. The plaintiff claims the
cost to repair the house (plus damages, interest and costs) from the firs defendant and second defendant.
19/05/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Noor Hamid, counsel acting for
plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Martin Smith:- Gilbert Walker, Second
Defendant
YEs DISCONTINUED 31/01/2018
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-000378 Everton v Earthquake
Commission & Farmers Mutual
Group Limited
General
Proceeding
Property at Bordesley Street, Phillipstown. Covered under FMG policy. Damaged in September 2010, February 2011
and December 2011. The plaintiffs say they have obtained reports which suggest there is voids beneath the
foundations of the house. The plaintiffs say the foundations must be replaced with reinforced concrete on a gravel raft.
The plaintiffs say they have engaged a quantity surveyor to determine the cost of repair and rebuild. The plaintiffs claim
the cost to reinstate the house (plus $2000 landscaping, $1000 fallen tree removal, $10,000 for lost rent, damages,
interest and costs) from the first defendant and second defendant.
19/05/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Noor Hamid, counsel acting for
plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Peter Leman:- DLA Piper, Second
Defendant
YES CONSOLIDATED WITH
CIV-2016-409-329 06/10/2016
CIV-2016-409-000360 Laidlaw v Tower Insurance
Limited
General
Proceeding
Property at Taylors Mistake Road, Sumner. Covered under Tower policy. Damaged in September 2010, February
2011 and June 2011. The plaintiffs say the repair methodology proposed by the defendant will not reinstate the
house. The plaintiffs the economic option is to rebuild the house at a cost of $1,143,810.33. The plaintiffs claim
$899,103.90 (plus damages, interest and costs) from the defendant.
13/05/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Noor Hamid, counsel acting for
plaintiffs
Matthew Harris:- Gilbert Walker, Defendant
YES DISCONTINUED 01/02/2018
CIV-2016-409-000359 Devereux Earthquake
Commission & IAG New
Zealand Limited (Discontinued)
General
Proceeding
Property at Woodville Street, Saint Albans. Covered under NZI policy with sum insured limit of $185,600. Damaged in
September 2010, February 2011, June 2011 and December 2011. The plaintiff was paid cash by the first defendant
but the plaintiff says the payment was insufficient to repair the damage to the house. The plaintiff disputes the
apportionment used by the first defendant to determine the damage that occurred in each event. The plaintiff says the
economic option is to rebuild the house at a cost of $777,108.95. The plaintiff claims $381,567.58 (plus damages,
interest and costs) from the first defendant and $169,300 (plus out of scope damage of $10,000, interest and costs)
from the second defendant.
13/05/2016 Grant Shand, plaintiff
John Knight:- Chapman Tripp, First
Defendant
Chris Hlavac, Young Hunter, Second
Defendant
YES DISCONTINUED 21/12/2018
CIV-2016-409-000358 Webby v Earthquake
Commission & IAG New
Zealand Limited (Discon)
General
Proceeding
Property at Palatine Terrace, Saint Martins. Covered under ASB Bank policy. Damaged in September 2010, January
2011 and February 2011. The plaintiff says the repair methodology proposed by the defendants will not remediate the
house to the condition required under Earthquake Commission Act 1993 or the policy of insurance. In particualr, the
plaintiff says the foundations must be replaced with a TC3 design. The plaintiff says the economic option would be to
rebuild the house at a cost of $580,778.34. The plaintiff claims $71,088.80 (plus damages, interest and costs) from
the first defendant and $496,778.34 (plus damages, $2000 landscaping, $1000 stress payment, interest and costs)
from the second defendant.
13/05/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Noor Hamid, counsel acting for
plaintiffs
John Knight:- Chapman Tripp, First
Defendant [DISCONTINUED]
Rob Coltman:- Duncan Cotterill, Second
Defendant
YES DISCONTINUED 12/04/2018
CIV-2016-409-000353 Reynolds v Earthquake
Commission & Tower Insurance
Limited
General
Proceeding
(Repairs)
Property at Carrick Street, St Albans. Covered under Tower policy. Damaged in September 2010 and February 2011.
The plaintiff says the first defendant arranged to repair the house using methods including epoxy resin to fill cracks in
the fondations. The plaintiff says the repairs were insufficient to repair the house to the standard required under the
policy and some damage was not repaired at all. The plaintiff says the foundations must be replaced in order to
properly repair the house. The plaintiff claims $113,850 (plus damages, interest and costs) from the first defendant.
The plaintiff also seeks judgment for the remainder of the cost to reinstate the property (plus other entitlements,
damages, interest and costs) from the second defendant.
12/05/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Noor Hamid, counsel acting for
plaintiffs
John Knight:- Chapman Tripp, First
Defendant (DISCONTINUED)
Martin Smith:- Gilbert Walker, Second
Defendant
YES DISCONTINUED 29/05/2017
CIV-2016-409-000352 Guan v Earthquake Commission
& Vero Insurance New Zealand
Limited
General
Proceeding
Property at Hampshire Street, Aranui. Covered under ANZ Bank policy. Damaged in September 2010, Februrary
2011 and June 2011. The plaintiff says the first defendant proposes to repair the house using jacking and packing of
the piles and epoxy resin of the concrete ring foundation. The plaintiff says the economic option is to rebuild the home
at a cost of $547,841.89. The plaintiff claims $114,974.87 (plus damages, interest and costs) from the first defendant
and $372,579 .28 (plus $2500 landscaping, $25,000 temporary accommodation, damages, interest and costs) from
the second defendant.
12/05/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/, counsel acting for plaintiffs
John Knight/Grace Bennett:- Chapman
Tripp, First Defendant
Suzanne Casey:- McElroys, Second
Defendant
YES DISCONTINUED 04/10/2018
CIV-2016-409-000351 Foster v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
(Repairs)
Property at Hay Street, Bromley, Christchurch. Covered under a State policy. Damaged in September 2010, February
2011 and January 2013. The plaintiffs say the first defendant arranged repairs through its agent Fletcher EQR and
that the repairs did not repair all of the damage or reinstate the property to the standard required under Earthquake
Commission Act 1993 or the policy of insurance. The plaintiffs say they have obtained a report from an engineer to
outline the major repairs that are required and they are also instructing a quantity surveyor to prepare a repair
estimate. The plaintiffs seek the cost to repair (plus damages, interest and costs) from the defendants.
12/05/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Noor Hamid, counsel acting for
plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Caroline Laband/Vanessa Ma:- DLA Piper,
Second Defendant
YES DISCONTINUED 08/10/2018
CIV-2016-409-000344 Kilduff & Veritas (2012) Limited
(as trustees) v Tower Insurance
Limited
General
Proceeding
Claim in respect of property at Clifton Terrace, Sumner. Covered under a Tower policy. Damaged in September 2010,
February 2011 and June 2011. The plaintiffs say the house is damaged beyond economic repair. The plaintiffs seek a
declaration that the defendant must pay the cost of rebuilding the house less the amount paid by Earthquake
Commission. The plaintiffs also seek reimbursement of expert fees, general damages and costs.
10/05/2016 C R Johnstone/P R Allan:- Wynn Williams,
Plaintiffs
Martin Smith:- Gilbert Walker, Defendant
YES JUDGMENT - DEFENDED HEARING
17/04/2018
COURT OF APPEAL MILESTONES:
CA510/18
Filed 30/8/18
Dismissed 29/3/19
CIV-2016-409-000343 Glasson & DRL Trustees
Limited (as trustees) v
Earthquake Commission &
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Weka Street, Fendalton. Covered under AMI policy. Damaged in September 2010 and February 2011.
The plaintiffs say the repair methodology proposed by the first defendant will not repair or rebuild the house to an as
new condition. The plaintiffs claim up to $115,000 per event (plus costs and interest) from the first defendant and the
remaining cost of reinstatement (plus costs and interest) from the second defendant.
10/05/2016 Andrew Hooker:- Shine Lawyers, Plaintiffs
John Knight:-Chapman Tripp, First
Defendant
Vanessa Ma/Caroline Laband:- DLA Piper,
Second Defendant
YES DISCONTINUED 02/05/2018
CIV-2016-409-000342 Country Blues Limited v IAG
New Zealand Limited
General
Proceeding
Property at Lincoln Road, Addington. Policy with IAG New Zealand Limited. Property suffered damage in the
Canterbury Earthquake Sequence. The Property's owners at the time of the Canterbury Earthquake Sequence sold
the property to the plaintiffs and assigned all entitlements. The property was deemed uneconomic to repair. Plaintiffs
seek judgment in the sum required to rebuild the property, costs and interest.
5/05/2016 YES DISCONTINUED 08/09/2016
COURT OF APPEAL MILESTONES:
Removal to COA by way of case stated granted
13/6/16
CA311/16
Withdrawn 8/9/16
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-000332 Andersen v Earthquake
Commission (Discontinued) &
Southern Response Earthquake
Services Limited
General
Proceeding
(Repairs)
Property at Hartnell Street, Avonside. Covered under AMI policy. Damaged in September 2010, February 2011, June
2011 and December 2011. The plaintiff says the first defendant arranged for repairs through Fletcher EQR. The
plaintiff says the repairs did not reinstate the house and that the repair strategy left unrepaired damage. The plaintiff
says the house requires a new foundation in order to be properly repaired. The plaintiff has not yet quantified the cost
of these works. The plaintiff claims $113,850 (less payments already made and plus damages, interest and costs)
from the first defendant and the remainder from the second defendant.
6/05/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Noor Hamid, counsel acting for
plaintiffs
Peter Leman/Brad Cuff:- DLA Piper, Second
Defendant
YES DISCONTINUED 30/11/2017
CIV-2016-409-000331 Valentine v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Bottle Lake Drive, Parklands. Covered under AMI policy. Damaged in September 2010 and February
2011. The plaintiffs say the defendants proposed repair methodology of lifting and repairing the foundations is
insufficient to reinstate the house to an "as new" condition. The plaintiffs say the economic option is to rebuild the
house at a cost of $1,061,595.01. The plaintiffs claim $935,356.15 (plus damages, interest and costs) from the
defendant.
6/05/2016 Grant Shand:- Plaintiffs
Emily Walton:- Wynn Williams, Second
Defendant
YES DISCONTINUED 20/06/2017
CIV-2016-409-000330 French v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Claim in respect of two townhouses at Hagley Avenue, Christchurch Central. Covered under AMI policies. Damaged
in February 2011. The plaintiffs say the foundation of each townhouse must be replaced in order to reinstate the
houses. The plaintiffs say the defendants proposed repairs are insufficient to reinstate the houses. The plaintiffs say
one house needs to be rebuild and the other can be repaired. The plaintiffs claim $209,120.31 (plus damages,
interest and costs) from the first defendant and $776,793.84 (plus damages, interest and costs) from the second
defendant.
6/05/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Noor Hamid, counsel acting for
plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Emily Walton:- Wynn Williams, Second
Defendant (Discontinued)
YES DISCONTINUED 12/12/2017
CIV-2016-409-000329 Smith v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Bordersley Street, Phillipstown. Covered under AMI policy. Damaged in September 2010 and February
2011. The plaintiff says it has received no payment for dwelling related damage from the defendants. The plaintiff says
the repair method must involve demolition and replacement of the foundations, among other substantive repair works.
At the time of writing the plaintiff had not engaged the services of a quantity surveyor to quantify the amount sought
from the defendants. The plaintiff claims a maximum of $176,220 (plus damages, interest and costs) from the first
defendant and the remaining reinstatement sum (plus damages, interest and costs) from the second defendant.
4/05/2016 Bill Dwyer:- solicitor for plaintiffs; and Jared
Higby, counsel acting for plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Peter Leman/Brad Cuff:- DLA Piper, Second
Defendant
YES DISCONTINUED 10/06/2019
CIV-2016-409-000328 Van Nieff v IAG New Zealand
Limited
General
Proceeding
Property at Thurso Place, New Brighton. Covered under NZI policy. Damaged in September 2010, February 2011,
June 2011 and December 2011. The plaintiff says the defendant proposes to repair the house including repairs to the
foundations by jacking and levelling. The plaintiffs says the foundations must be replaced with site specific foundations
following deep geotechnical testing. The plaintiff says the cost to rebuild would be cheaper than the cost to repair. The
plaintiff says the cost to rebuild is $647,351.68. On this basis the plaintiff claims $528,824.74 (plus $2500 landscaping
costs, $20,000 accommodation allowance, $2000 stress payment, damages, interest and costs) from the defendant.
6/05/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/, counsel acting for plaintiffs
Paul Smith:- Duncan Cotterill, Defendant
YES DISCONTINUED 12/12/2018
CIV-2016-409-000327 Bufton v Earthquake
Commission & Southern
Response Earthquake Services
Limited (Discontinued)
General
Proceeding
Property at Kilmore Street, Christchurch Central. Covered under AMI policy. Damaged in September 2010 and
February 2011. The plaintiff says the payment made by the first defendant is insufficient to pay for remediation of all
earthquake related damage to the house. The plaintiff says the house requires substantial repairs including
replacement of the foundations. The plaintiff says the economic option is to rebuild the house at a cost of $327,000.
The plaintiff claims $198,396.82 (plus damages, interest and costs) from the first defendant and $127,000 (plus
damages, interest and costs) from the second defendant.
6/05/2016 Jared Higby:- St Asaph Chambers, Plainitff
John Knight/Jeremy Upson:- Chapman
Tripp, First Defendant
Morgan Powell/Becky Morris:- Bell Gully,
Second Defendant
YES DISCONTINUED 07/03/2019
CIV-2016-409-000326 Carey & Anor v International
Underwriting Agencies Limited &
Certain Underwriters at Lloyds of
London
General
Proceeding
Proceeding relates to three properties at Manchester Street, High Street and Tuam Street. Each of the properties has
been demolished due to damage caused by the earthquakes. The plaintiffs say they have received indemnity
payments, but the defendants have erroneously deducted 2.5% for excess or deductible. The plaintiffs claim the
reinstatement costs for each building of $2,468,537 for Tuam Street; $$3,217,086 for High Street; and $3,976,787 for
Manchester Street. The plaintiffs also claim preparation costs, professional fees, deductibles, interest and costs from
the defendants.
3/05/2016 Stephen Rennie/Ed Bayley:- Rhodes & Co,
Plaintiffs
Frank Rose:- Keegan Alexander, Defendants
YES DISCONTINUED 12/06/2017
CIV-2016-409-000325 King-Stevens v IAG New
Zealand Limited
General
Proceeding
Property at Main North Road, Belfast. Covered under BNZ Bank policy. Damaged in September 2010 and February
2011. The plaintiff says the repair methodology proposed by the defendant is insufficient to remediate the home to its
"when new" condition. In particular, the plaintiff says the foundations need to be demolished and replaced. The plaintiff
says the economic option is to rebuild at a cost of $706,898.68. The plaintiff claims $553,324.88 (plus $2500 garden
and lawn cover, $2000 stress payment, general damages, interest and costs) from the defendant.
6/05/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Gary Davis, counsel acting for plaintiffs
Catherine Jamieson:- Young Hunter,
Defendant
YES DISCONTINUED 17/10/2017
CIV-2016-409-000324 Peka Holdings Limited v IAG
New Zealand Limited
General
Proceeding
Property at Alexandra Street, Richmond. Covered under NZI policy. Damaged in September 2010, February 2011
and January 2012. The plaintiff says the appropriate repair methodology for the house involves the demolition and
replacement of the foundations with TC2 type foundations, among other substantive repairs. The plaintiffs say the
repair strategy proposed by the defendant will not reinstate the house to the requisite condition under the policy of
insurance. The plaintiffs seek a declaration to that effect and further that the appropriate repair methodology is to
replace the foundations. The plaintiff also seek $20,000 loss of rent payment, interest and costs.
4/05/2016 G K Riach/T E Hutchinson:- Harmans
Lawyers, Plaintiff
Catherine Jamieson:- Young Hunter,
Defendant
YES DISCONTINUED 07/08/2017
CIV-2016-409-000323 Preece v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Foresters Crescent, Parklands. Covered under AMI policy. Damaged in September 2010, February 2011
and December 2011. The plaintiffs say the scope of repair works proposed by the first defendant will not return the
house to an as new condition. The plaintiffs seek an order that the first defendant pay up to $115,000 per event and
the second defendant pay the remainder of the cost to reinstate the house. The plaintiffs also seek interest and costs.
3/05/2016 Andrew Hooker/Kate Sheehan:- Shine
Lawyers, Plaintiff
Grace Bennett:- Chapman Tripp, First
Defendant (DISCONTINUED)
Morgan Powell/Rory Nolan:- Bell Gully,
Second Defendant
YES STRUCK OUT 01/06/2017
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-000318 Kristinsson v Southern
Response Earthquake Services
Limited and Earthquake
Commission
General
Proceeding
Property at Blake Street, New Brighton. Covered under AMI policy. Damaged in September 2010 and February 2011.
The plaintiff says the scope of works proposed by the defendant will not reinstate the house to the condition required
under the policy of insurance. The plaintiff seeks an order that the defendant must pay the difference between the
amount paid by Earthquake Commission and the amount required to reinstate the house. The plaintiff also claims
interest and costs.
5/05/2016 Fixture , 15 days after
01/02/2020
Adrian Olney, plaintiffs
Peter Leman/Brad Cuff:- DLA Piper,
Defendant
NO Ready List Entry Date: 17/09/2018
CIV-2016-409-000307 Hu v Earthquake Commission &
IAG New Zealand Limited
(Discontinued)
General
Proceeding
Property at Tilford Street, Woolston. Covered under State policy. Damaged in September 2010 and February 2011.
The plaintiff says the first defendant cash settled their claim but the payment is insufficient to reinstate the house. The
plaintiff says the repair methodology proposed by the first defendant is insufficient to remediate the earthquake
damage to the house. The plaintiff says it is carrying out assessments on the property to determine the appropriate
repair methodology and the cost of carrying it out. The plaintiff claims $223,401.25 (plus damages, interest and costs)
from the first defendant and the remainder (to be determined) from the second defendant (plus $2500 landscaping
costs, $1000 stress payment, accommodation allowance of $20,000, general damages, interest and costs).
3/05/2016 Jared Higby:- St Asaph Chambers, plaintiffs
Amber Richards:- Chapman Tripp, First
Defendant
Simon Connolly:- Duncan Cotterill, Second
Defendant
YES DISCONTINUED 06/03/2019
CIV-2016-409-000306 Coppen v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
(Repairs)
Property at Bickerton Street, Wainoni. Covered under AMI policy. Damaged in September 2010 and February 2011.
The plaintiffs say the repairs did not remediate all of the earthquake damage or address the structural damage to the
house. The plaintiffs are in the process of obtaining structural engineering and quantity surveying reports. The plaintiffs
claim up to $115,000 per earthquake event (plus damages, interest and costs) from the first defendant and the
remainder (plus damages, interest and costs) from the second defendant.
3/05/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Noor Hamid, counsel acting for
plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Caroline Laband/Richard Tosh:- DLA Piper,
Second Defendant
YES DISCONTINUED 12/06/2017
CIV-2016-409-000300 Payne v Earthquake
Commission & Southern
Response Earthquake Services
Limited (Discontinued)
General
Proceeding
Property at Bordersley Street, Phillipstown. Covered under AMI policy. Damaged in September 2010 and February
2011. The plaintiffs say the cash settlement sum received from the first defendant is insufficient to reinstate the house.
The plaintiffs say the economic option is to rebuild the house at a cost of $632,516.04. The plaintiffs claim $227,700
(plus damages, interest and costs) from the first defendant and $402,516.04 (plus damages, interest and costs) from
the second defendant.
29/04/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/, counsel acting for plaintiffs
Jacob Kerkin:- Chapman Tripp, First
Defendant
Peter Leman/Charlotte Duncan:- DLA Piper,
Second Defendant
YES DISCONTINUED 15/08/2018
CIV-2016-409-000299 Williams v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Halswell Road, Halswell. Covered under NZI policy. Damaged in September 2010 and February 2011.
The plaintiffs say the first defendants proposed repair methodology is insufficient to remediate all of the natural disaster
damage to the house. The plaintiffs say the foundations need to be replaced among other substantive repairs. The
plaintiffs say the economic option is to rebuild the house at a cost of $1,056,118.23. On this basis the plaintiffs claim
$227,700 (plus damages, interest and costs) from the first defendant and $826,118.23 (plus $2500 landscaping,
$2000 stress payment, damages, interest and costs) from second defendant.
29/04/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/, counsel acting for plaintiffs
John Knight/Simon ODonnell:- Chapman
Tripp, First Defendant (DISCONTINUED)
Anna, Priaulx/Caroline Laband:- DLA Piper,
Second Defendant
YES DISCONTINUED 15/11/2017
CIV-2016-409-000295 Trochine & Massie v Vero
Insurance New Zealand Limited
General
Proceeding
Property at Purple Peak Road, Akaroa. Covered under Vero policy. Damaged in September 2010 and February
2011. The property includes substantial groundworks and landscaping on a steep gradient. The plaintiffs say the
driveway consists of 923 meters squared of ashvalt with considerable rainwater runoff systems and lighting fixtures.
The plaintiffs say the driveway was damaged in the earthquakes. The plaintiffs say the defendant has been
investigating the claim for damage to the driveway since November 2010 and has committed breach of contract by
failing or refusing to pay the cost of repairing or replacing the driveway; the defendant breached its claim handling
obligations by failing to properly instruct and provide reports prepared by expert engineers; and the delay caused by
the defendant is unreasonable. The plaintiffs seek the cost to resintate the driveway, $80,243.95 in legal and
professional costs, interest, further expert costs, damages and costs.
26/04/2016 Stephanie Grieve/Stephanie Mann:- Duncan
Cotterill, Plaintiffs
Peter Hunt:- McElroys, Defendant
YES DISCONTINUED 19/12/2016
CIV-2016-409-000280 Shailer v Earthquake
Commission & AA Insurance
Limited
General
Proceeding
(Repairs)
Property at Merrington Crescent, Aranui. Covered under AA policy. Damaged in September 2010, February 2011,
June 2011 and December 2011. The plaintiff says the first defendant arranged minor repairs to be carried out through
Fletcher EQR. The plaintiff says the repairs did not address the structural damage to the house . The plaintiffs position
is that the foundations must be replaced and that the cost of this will be determined as its assessments continue. The
plaintiff claims up to $115,000 per earthquake event (plus damages, interest and costs) from the first defendant and
the remainder (plus damages, interest and costs) from the second defendant.
20/04/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Gary Davis, counsel acting for plaintiffs
Nathaniel Walker, Russell McVeagh, First
Defendant
Helen MacFarlane:- Hesketh Henry, Second
Defendant
YES DISCONTINUED 04/11/2019
Ready List Entry Date: 10/05/2018
Fixture Date: 16/09/2019
Estimated Hearing Days: 10.0
CIV-2016-409-000279 Deane & Wooddin v Earthquake
Commission & Lumley General
Insurance (N.Z.) Limited
General
Proceeding
(Repairs)
Property at Grampian Street, Casebrook. Covered under Westpac Bank policy. Damaged in September 2010,
February 2011 and June 2011. The plaintiffs says the repairs conducted by the first defendant did not repair all of the
earthquake damage or address the structural damage to the house. The plaintiffs obtained a report from a structural
engineer which indicates that the foundations should be replaced in order to reinstate the building. On this basis the
plaintiffs say it would be cheaper to rebuild the house than repair it. The plaintiffs say the cost to rebuild is $697,130.
The plaintiffs claim $229,686.93 (plus damages, interest and costs) from the first defendant and $442,704 (plus other
entitlements, damages, interest and costs) from the second defendant.
20/04/2016 Grant Smith:- Canterbury Legal, solicitor for
plaintiffs; and Jai Moss/Gary Davis, counsel
acting for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Simon Connolly:- Duncan Cotterill, Second
Defendant
YES DISCONTINUED 28/09/2018
CIV-2016-409-000259 Livingston v Lumley General
Insurance (N.Z.) Limited
General
Proceeding
Property at Keyes Road, New Brighton. Covered under Westpac Bank policy. Damaged in September 2010,
February 2011 and June 2011. The plaintiffs say the defendant determined that the house was a total loss and had to
be rebuilt and started the process of rebuilding the house. The plaintiffs say a year later the defendant said it was
going to cash settle the claim instead of managing the rebuild of the house. The plaintiffs say it will cost $850,000 to
rebuild the house but the defendant has failed or neglected to pay the cost of rebuilding the house. The plaintiffs claim
$726,964.58 (plus $20,000 temporary accommodation, damages and costs) from the defendant
15/04/2016 A L Sumner:- Cameron & Co, Plaintiffs
Chris Hlavac:- Young Hunter, Defendant
YES DISCONTINUED 09/12/2016
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-000258 Boyce v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
(Repairs)
Property at Rowses Road, Aranui. Covered under AMI policy. Damaged in September 2011, February 2011 and June
2011. The plaintiffs say the first defendant arranged for repair works to be carried out by Fletcher EQR. The plaintiffs
position is that the repairs did not remediate all of the earthquake damage to the house and the repairs that were
carried out did not reinstate the house to the condition required under Earthquake Commission Act 1993 or the policy
of insurance. The plaintiffs say the house is uneconomic to repair and must be rebuilt at a cost of $721,779.77. The
plaintiffs claim $227,000 (plus damages, interest and costs) from the first defendant and $491,779.77 (plus damages,
interest and costs) from the second defendant.
15/04/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Gary Davis, counsel acting for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Peter Leman/Brad Cuff/Vincent Burns:- DLA
Piper, Second Defendant
YES DISCONTINUED 22/03/2019
CIV-2016-409-000252 Foote v Earthquake
Commission & Lumley General
Insurance
General
Proceeding
Property at Rowan Avenue, Aranui. Covered under Westpac Bank policy. Damaged in January 2011, February 2011,
June 2011 and December 2011. The plaintiff says a cash settlement payment by the first defendant was insufficient to
remediate the earthquake damage to the house. Further, the repair methodologies proposed by the defendants will
not reinstate all of the earthquake damage to the house even if it were carried out. The plaintiff says the economic
option is to rebuild the house a cost of $611,371.14. The plaintiff claims $227,700 (plus damages, interest and costs)
from the first defendant and $381,371.14 (plus $2000 landscaping costs, $20,000 alternative accommodation, $1000
stress payment, damages, interest and costs) from the second defendant.
14/04/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/, counsel acting for plaintiffs
John Knight:- Chapman Tripp, First
Defendant (Discontinued)
Paul Smith:- Duncan Cotterill, Second
Defendant
YES DISCONTINUED 13/12/2017
CIV-2016-409-000251 Young v Earthquake
Commission and Vero
General
Proceeding
Claim in respect of two dwellings at Main Road, Redcliffs. Both relevant dwellings were covered under Vero policies.
Damaged in September 2010 and February 2011. The plaintiff says the insurance rights, including land claims, were
assigned by the former owner of the respective dwellings. The plaintiff does not accept the repair cost settlement
offered by the first defendant. The plaintiff seeks: a declaration that the defendant is liable for damage to the land;
declarations that the first defendant is liable to pay the cost of repair for the dwellings; interest; costs; and general
damages.
14/04/2016 Fixture - 10 days after
01/05/2020
Jai Moss/Gary Davis, counsel acting for
plaintiffs
Nathaniel Walker, Russell McVeagh,
Defendant
John Knight:- Chapman Tripp, Defendant
NO
CIV-2016-409-000250 Clare v Earthquake Commission
& Southern Response
Earthquake Services Limited
General
Proceeding
(Repairs)
Property at Ohoka Road, Kaiapoi. Covered under AMI policy. Damaged in September 2010, February 2011, June
2011 and December 2011. The plaintiffs say the first defendant arranged repairs but they were never completed.
Notwithstanding the uncompleted repairs, the plaintiffs say the house must be rebuilt in order to remediate the
earthquake damage to the house. The plaintiffs say it will cost $823,375.97 to rebuild the house. The plaintiffs claim
$358,392.66 (plus damages, interest and costs) from the first defendant and $461,363.17 (plus damages, interest
and costs) from the second defendant.
14/04/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/, counsel acting for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
David Friar:- Bell Gully, Second Defendant
YES DISCONTINUED 05/07/2017
CIV-2016-409-000249 Huddy & Watkinson v
Earthquake Commission &
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Bridge Street, New Brighton. Covered under AMI policy. Damaged in September 2010, February 2011
and December 2011. The plaintiffs say the defendants deny any further work needs to be carried out on the
foundations of the house. The plaintiffs say they are in the process of obtaining a report from a quantity surveyor to
quantify the cost of rebuild or repair. The plaintiffs claim $110,416.48 (plus damages, interest and costs) from the first
defendant and the remainder of the cost of reinstatement (plus damages, interest and costs) from the second
defendant.
14/04/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/, counsel acting for plaintiffs
John Knight:- Chapman Tripp, First
Defendant (Discontinued)
Emily Walton, Wynn Williams, Second
Defendant
YES DISCONTINUED 07/09/2017
CIV-2016-409-000248 Hay v Earthquake Commission
& IAG New Zealand Limited
(Discontinued))
General
Proceeding
(Repairs)
Property at Nursery Road, Phillipstown. Covered under State policy. Damaged in September 2010, February 2011
and December 2011. The plaintiff says the repairs carried out by the first defendant did not address the structural
damage to the house. The plaintiff says the foundation needs to be replaced in its entirety. The plaintiff is currently
obtaining quantity surveyor reports to quantify its claims. The plaintiff claims a minimum of $91,080 (plus damages,
interest and costs) from the first defendant and the remainder (plus other entitlements, damages, interest and costs)
from the second defendant.
15/04/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/, counsel acting for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Peter Leman/Brad Cuff:- DLA Piper, Second
Defendant
YES TRANSFERRED TO DISTRICT COURT
20/03/2018
CIV-2016-409-000213 Jaspersmith & Barker v Vero
Insurance New Zealand Limited
General
Proceeding
Property at Webb Street, Saint Albans. Covered under PGG Wrightson-AON policy. Damaged in September 2010.
The plaintiffs say they received over-cap payment from Earthquake Commission. The plaintiffs say the cost to repair
the house is $1,182,827.82, the defendant says the cost to repair is $316,136.73. The plaintiffs claim $1,067,827.82
(plus damages, interest and costs) from the defendant.
5/04/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Gary Davis, counsel acting for plaintiffs
Peter Hunt:- McElroys, defendant
YES DISCONTINUED 18/12/2017
CIV-2016-409-000211 Ehau v Earthquake Commission
& Southern Response
Earthquake Services Limited
General
Proceeding
Property at Thorness Street, Avondale. Covered under AMI policy. Damaged in September 2010 and February 2011.
The plaintiffs say the repair methods proposed by the defendants involve jacking and packing to the foundations of
the house. The plaintiffs say this method will not return the house is a condition substantially the same as new. The
plaintiffs say the economic option is to rebuild the house at a cost of $675,545.09. The plaintiffs claim $180,728.96
(plus damages, interest and costs) from the first defendant and $492,990.58 (plus damages, interest and costs) from
the second defendant.
1/04/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/, counsel acting for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Richard Tosh:- DLA Piper, Second
Defendant
YES DISCONTINUED 19/04/2017
CIV-2016-409-000210 McIntyre v IAG New Zealand
Limited
General
Proceeding
Property at Regents Park Drive, Casebrook. Covered under State policy. Damaged in September 2010, February
2011 and June 2011. The plaintiff says the repair methodology proposed by the defendant of lifting the house and
rebuilding the foundations is not feasible or economic to complete. The plaintiff says the economic option is to rebuild
the house at a cost of $1,927,006. The plaintiff claims $1,729,328.21 (plus $2500 landscaping costs, $1000 stress
payment, $20,000 temporary accommodation, damages, interest and costs) from the defendant.
1/04/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/, counsel acting for plaintiffs
Olive Collette-Moxon:- Duncan Cotterill,
Defendant
YES DISCONTINUED 12/03/2018
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-000199 Boyce v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Mt Pleasant Road, Mt Pleasant. Covered under AMI policy. Damaged in September 2010 and February
2011. The plaintiff says the defendant agreed that the property was uneconomic to repair and that the house should
be demolished and rebuilt. The plaintiff says it will cost $938,467 to rebuild the house and the defendant has made an
offer to rebuild with a maximum cost of $680,390.77. The plaintiff seeks: a declaration that the cost of rebuilding the
property is $938,467; a declaration that the plaintiff can buy another house up to the value of the cost to rebuild;
judgment for the sum of $48,167.75 for quantification costs; interest; and costs from the defendant.
24/03/2016 Mark Henderson:- Corcoran French,
Plaintiffs
David Friar:- Bell Gully, Defendant
YES DISCONTINUED 04/05/2017
CIV-2016-409-000198 McGrath v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Gamblins Road, Saint Martins. Covered under AMI policy. Damaged in September 2010 and February
2011. The plaintiffs say deep ground improvements are required to reinstate the house therefore the house must be
rebuilt at a cost of $1,091,458. The plaintiffs claim $948,711.50 (plus damages, interest and costs) from the
defendant.
30/03/2016 Grant Shand:- Plaintiffs
David Friar:- Bell Gully, Defendant
YES DISCONTINUED 27/06/2017
CIV-2016-409-000197 Nielsen v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Grafton Street, Waltham. Covered under AMI policy. Damaged in September 2010 and February 2011.
The plaintiffs say the repair methodology proposed by the first defendant does not meet the standard of repair under
Earthquake Commission Act 1993 or the policy of insurance. The plaintiffs claim $115,000 per earthuake event (plus
interest and costs) from the first defendant and orders to the effect that the second defendant must pay the the
different between cover under Earthquake Commission Act 1993 and the amount payable under the policy of
insurance (plus interest anc costs).
23/03/2016 Grant Smith: - Canterbury Legal, Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
David Friar:- Bell Gully, Second Defendant
YES DISCONTINUED 14/05/2019
CIV-2016-409-000195 Nielsen v Earthquake
Commission & Southern
Response Earthquake Services
Limited (Discontinued)
General
Proceeding
Property at Buccleugh Street, Phillipstown. Covered under AMI policy. Damaged in September 2010 and February
2011. The plaintiffs say the repair methodology proposed by the first defendant does not meet the standard of repair
under Earthquake Commission Act 1993 or the policy of insurance. The plaintiffs claim $115,000 per earthuake event
(plus interest and costs) from the first defendant and orders to the effect that the second defendant must pay the
difference between cover under Earthquake Commission Act 1993 and the amount payable under the policy of
insurance (plus interest anc costs).
23/03/2016 Self-represented - Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Peter Leman:- DLA Piper, Second
Defendant
YES DISCONTINUED 11/02/2019
CIV-2016-409-000187 Cheah v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Branksome Place, Parklands. Covered under AMI policy. Damaged in September 2010. The plaintiff says
the defendant has proposed settlement by wash of cash payment based on a rebuild cost of $327,241.07. The
plaintiff says the cost to rebuild is $628,345.36. The plaintiff claims $513,345.36 (plus damages, interest and costs)
from the defendant.
23/03/2016 Grant Shand:- Plaintiffs
Emily Walton:- Wynn Williams, Defendant
YES DISCONTINUED 29/06/2017
CIV-2016-409-000175 Peka Holdings Limited v
Earthquake Commission & IAG
New Zealand Limited & Vero
Insurance New Zealand Limited
General
Proceeding
Claim in respect of units at Springfield Road, Saint Albans, Christchurch. Covered under Monument Home Insurance
policy. Damaged in September 2010 and February 2011. The plaintiff says the defendants proposed repair
methodology for each of the respective units is insufficient to reinstate the units to the requisite condition under
Earthquake Commission Act 1993 and the policy of insurance. The plaintiff claims $115,000 (per unit, plus costs and
interest) from the first defendant. The plaintiff also seeks an order that the second and third defendants specfically
perform their obligations under the policy of insurance or alternatively judgment for the remaining cost of repairing the
units (plus interest and costs).
17/03/2016 Andrew Hooker/Kate Sheehan:- Shine
Lawyers, Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Veronica Cress/Vanessa Ma:- DLA Piper,
Second and Third Defendants
YES DISCONTINUED 07/08/2017
CIV-2016-409-000169 Zonny Investments Limited v
Earthquake Commission & IAG
New Zealand Limited
General
Proceeding
Property at Wrights Road, Addington. Covered under NZI/BrokerWeb policy. Damaged in September 2010. The
plaintiff purchased the property from the original insured owner in 2012. The plaintiff says the original insured owner
was paid $15,513.28 by the first defendant for settlement of natural disaster damage to the house. The plaintiff says it
was assigned insurance rights by the original insured owner. The plaintiff says the house is uneconomic to repair and
must be rebuilt. The plaintiff claims $97,336.72 (plus interest and costs) from the first defendant and $638,470.67
(plus damages, interest and costs) from the second defendant.
17/03/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Gary Davis, counsel acting for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
David Mahon/Rick Hargreaves:- Duncan
Cotterill, Second Defendant
YES DISCONTINUED 04/12/2018
CIV-2016-409-000167 McMahon v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
(Repairs)
Property at Wildberry Street, Woolston. Covered under an AMI policy. Damaged in September 2010 and February
2011. The plaintiffs say the defendants repairs did not return the house to an as-new condition. The plaintiffs structural
engineer says the economic option is to repair the house. The plaintiffs seek $227,700 (plus damages, interest and
costs) against the first defendant and $789,738.79 (plus damages, interest and costs) against the second defendant.
17/03/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/, counsel acting for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Emily Walton:- Wynn Williams, Second
Defendant
YES DISCONTINUED 13/06/2018
CIV-2016-409-000162 Stowers v Tower Insurance
Limited
General
Proceeding
Property at Pinewood Avenue, North New Brighton. Covered under ANZ policy. Damaged in February 2011. The
plaintiff says the defendant has offered to repair the house by, inter alia, releveling the foundations by jacking and
packing and low mobility grout injection. The plaintiff says this repair method will not adequately repair the house
therefore the economic option is to rebuild at a cost of $649,019.93. The plaintiff claims $534,019.93 plus damages,
stress payment, interest and costs from the defendant.
17/03/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/, counsel acting for plaintiffs
Matthew Harris:- Gilbert Walker, Defendant
YES DISCONTINUED 08/02/2017
CIV-2016-409-000146 Sykes v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Cowper Place, Avondale. Covered under AMI policy. Damaged in September 2010 and February 2011.
The plaintiffs say the repair strategies proposed by the defendants will not repair the house to an as new condition.
The plaintiffs say the economic option is to rebuild the house at a cost of $729,712.18. The plaintiffs allege that the
second defendant has elected to cash settle the claim because it purported to elect to pay the cost of repair and/or
pay the cost of reinstatement for the driveways, fences and paths aspects of the claim, The plaintiffs claim $227,700
(plus damages, interest and costs) from the first defendant and $499,712.18 (plus damages, interest and costs) from
the second defendant.
9/03/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/, counsel acting for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Emily Walton/Sarah Ulmer:- Wynn Williams,
Second Defendant
YES DISCONTINUED 12/07/2018
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-000130 Clark & Van Der Klay v
Earthquake Commission &
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Heywood Terrace, Richmond. Covered under AMI policy. Damaged in September 2010, February 2011
and December 2011. The plaintiffs say the superficial repair methodology proposed by the first defendant is
insufficient to return the house to an as new condition. The plaintiffs say the foundations must be replaced therefore
the economic option is to rebuild at a cost of $668,427. The plaintiffs claim $213,111.41 (plus damages, interest and
costs) from the first defendant and $455,315.59 (plus damages, interest and costs) from the second defendant.
7/03/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/, counsel acting for plaintiffs
John Knight/Gabrielle Scott-Jones:-
Chapman Tripp, First Defendant
(Discontinued)
Nick Moffatt/David Friar:- Bell Gully, Second
Defendant
YES DISCONTINUED 17/08/2017
CIV-2016-409-000129 Muir v Tower Insurance Limited General
Proceeding
Claim in respect of property at Harry Ell Drive, Cashmere. Covered under Tower policy. Damaged in September 2010.
The plaintiffs say they have been paid an over-cap payment by Earthquake Commission. The plaintiffs say the
defendant proposes to re-level the floors and replace the exterior cladding. The plaintiffs say the concrete slab
foundation needs to be replaced. The plaintiffs seek judgment for the cost to reinstate the house or alternative a
declaration that the defendant is laible to pay the full replacement cost of rebuilding the house. The plaintiffs also seek
$25,000 for temporary accommodation, damages, interest and costs.
7/03/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/, counsel acting for plaintiffs
Martin Smith:- Gilbert Walker, Defendant
YES DISCONTINUED 01/02/2018
CIV-2016-409-000126 Collins-Beardsley & Debenham
v Earthquake Commission & AA
Insurance Limited
General
Proceeding
Claim in respect of property at Goldsmith Place, Waltham. Covered under AA policy. Damaged in September 2010.
The plaintiffs say the first defendant has proposed to replace internal wallpaper and paint the walls. The plaintiffs say
the property is uneconomic to repair and must be rebuilt at a cost of $504,165.60. The plaintiffs claim $68,310 (plus
damages, interest and costs) from the first defendant and $435,855.60 (plus damages, interest and costs) from the
second defendant.
4/03/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/, counsel acting for plaintiffs
John Knight/Gabrielle Scott-Jones:-
Chapman Tripp, First Defendant
Emily Walton/Hazel Bowering-Scott:- Wynn
Williams, Second Defendant
YES DISCONTINUED 28/09/2017
CIV-2016-409-000110 O'Donnell & Ors v Earthquake
Commission (Discontinued) &
IAG New Zealand Limited
General
Proceeding
(Repairs)
Property at Belfield Street, Dallington. Covered under a BNZ bank policy. Damaged in September 2010, February
2011 and June 2011. The plaintiffs say the repairs to the house carried out by the defendant failed to remediate all of
the damage to the house. The plaintiffs structural engineer assessed that the economic option is to rebuild the house.
The plaintiffs say the second defendant did not take sufficient steps to settle the claim. The plaintiffs seek $227,000,
(plus damages, interest and costs) from the first defendant and $178,937.69 (plus stress payments, damages, interest
and costs) from the second defendant.
26/02/2016 Grant Smith:- Canterbury Legal, solicitor for
plaintiffs; and Jai Moss/Gary Davis, counsel
acting for plaintiffs
John Knight/Anthony Wicks:- Chapman
Tripp, First Defendant
Catherine Jamieson/Daniel Weatherley:-
Young Hunter, Second Defendant
YES DISCONTINUED 05/04/2018
CIV-2016-409-000107 Bishay & Matta v Southern
Response Earthquake Services
Limited & Renovo Group Limited
(In liquidation)
General
Proceeding
(Repairs)
Property at Willryan Avenue, New Brighton. Covered under Premier House policy. Damaged in February 2011. The
plaintiffs say the defendant elected to repair the property. The plaintiffs provided an extensive list of defects with this
repair. The plaintiffs say the house cannot be economically or viably repaired. The plaintiffs seek $593,193 rebuild cost
(plus damages, alternative accommodation costs, interest and costs) from the defendant.
25/02/2016 Grant Shand:- Plaintiffs
Shane Swinnerd:- DLA Piper, First
Defendant
Geoff Carter:- Chapman Tripp, Third Party
(stayed)
Nick Gillies/Nina Thomson: - Hesketh Henry,
Second Defendant
YES DISCONTINUED 11/10/2017
CIV-2016-409-000106 Emmons Developments New
Zealand Limited v Mitsui
Sumitomo Insurance Co Ltd and
Vero Insurance New Zealand
Limited
General
Proceeding
Property at 171 Oxford Terrace, Cathedral Square and Worcester Street. Insured under a Business Package Policy
with both defendants. Property damaged in the Canterbury Earthquake Sequence. One building demolished per
s.40(1) CER Act, two buildings extensively damaged. Plaintiff claims judgment in the sum of $4,856,094.06 for
recoverable costs, interest and costs.
24/02/2016 YES DISCONTINUED 24/10/2018
CIV-2016-409-000099 Drummond & Caldwell v
Earthquake Commission &
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Badger Street, Parklands. Covered under AMI policy. Damaged in September 2010, February 2011 and
June 2011. The plaintiffs say the second defendant has proposed that the house can be repaired by a methodology
involving jacking and packing and re-levelling. The plaintiffs say the foundations must be removed and replaced
therefore the economic option is to rebuild at a cost of $454,675.50. The plaintiffs claim $326,233.19 (plus damages,
interest and costs) from the first defendant and $125,147.03 (plus damages, interest and costs) from the second
defendant.
18/02/2016 Grant Smith:- solicitor for plaintiffs; and Jai
Moss/Gary Davis, counsel acting for plaintiffs
John Knight/Jasmin Moran:- Chapman
Tripp, First Defendant (DISCONTINUED)
Matthew Harris/Sam McMullan:- Gilbert
Walker, Second Defendant
YES DISCONTINUED 18/05/2017
CIV-2016-409-000082 Bougen v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Mountbatten Street, New Brighton. Covered under AMI policy. Damaged in September 2010 and
February 2011. The plaintiffs say the repairs proposed by the first defendant are insufficient to return the house to an
as new condition. The plaintiffs say the house is economic to repair and must be rebuilt. The plaintiffs claim
$198,557.63 plus damages, interest and costs from the first defendant and $227,253.03 plus damages, interest and
costs from the second defendant.
15/02/2016 Grant Smith:- Canterbury Legal, solicitor for
the plaintiff, and Jai Moss/Gary Davis,
Counsel for plaintiff
John Knight:- Chapman Tripp, First
Defendant
Emily Walton, Wynn Williams, Second
Defendant
YES DISCONTINUED 19/09/2017
CIV-2016-409-000081 Zonny Investments Limited v
Earthquake Commission &
Tower Insurance Limited
General
Proceeding
Property at Hoon Hay Road, Hoon Hay. Covered under Tower policy. Damaged in September 2010, June 2011 and
May 2012. The plaintiff says the repairs carried out by the first defendant were insufficient to return the house to the
same condition and extent as when new. The plaintiff says the economic option is to rebuild the house at a cost of
$735,527.26. The plaintiff claims $223,972.32 plus damages, interest and costs from the first defendant and
$473,421.81 plus damages, interest and costs from the second defendant.
15/02/2016 Grant Smith:- Canterbury Legal, solicitor for
plaintiffs; and Jai Moss/Gary Davis, counsel
acting for plaintiffs
John Knight/Jasmin Moran:- Chapman
Tripp, First Defendant (DISCONTINUED)
Matthew Harris/Sam McMullan:- Gilbert
Walker, Second Defendant
YES DISCONTINUED 22/11/2017
CIV-2016-409-000069 Arnold v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Queens Avenue, Fendalton. Covered under AMI policy. Damaged in February 2011 and June 2011. The
plaintiffs say the house must be demolished and rebuilt because it is not physically possible to relocate or lift the house
to allow new foundations to be built. The plaintiff says the house must be rebuilt at a cost of $1,419,410. The plaintiffs
claim $1,240,419 plus damages, interest and costs from the defendant.
10/02/2016 Grant Shand:- Plaintiffs
Peter Leman/Kathryn Clendon:- DLA Piper,
Defendant
YES DISCONTINUED 22/12/2016
CIV-2016-409-000057 Bond & Cupples v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Port Hills Road, Hillsborough. Covered under AMI policy. Damaged in September 2010 and February
2011. The plaintiffs say the defendants proposed repair methodology is insufficient because retention of a concrete
ring and replacement of piles does not meet the defendants obligation to reinstate using current materials and
methods. The plaintiffs claim damages for loss totalling $1,018,753.34 or alternatively a declaration that the house is
uneconomic to repair, loss of rent, costs and interest.
5/02/2016 Kate Sheehan:- Shine Lawyers, Plaintiffs
Emily Walton/Pip Allan:- Wynn Williams,
Defendant
YES DISCONTINUED 25/07/2017
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-409-000056 Weepu v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
(Repairs)
Property at Birchfield Avenue, Dallington. Covered under a State policy. Damaged in February 2011. The plaintiffs
structural engineers says the repairs carried out by the first defendant were done poorly and failed to remediate the
earthquake damage to the house. The plaintiff says that the second defendant did not take steps to settle the claim.
The plaintiffs structural engineer says the economic option is to rebuild at a cost of $607,122.59. The plaintiff seeks
$113,850 (plus damages, interest and costs) from the first defendant and $492,122.59 (plus damages, interest and
costs) from the second defendant.
4/02/2016 Grant Smith:- Canterbury Legal, solicitor for
plaintiffs; and Jai Moss/Gary Davis, counsel
acting for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Paul Smith:- Duncan Cotterill, Second
Defendant
YES DISCONTINUED 12/07/2018
CIV-2016-409-000055 Ilkiw v Earthquake Commission
& Southern Response
Earthquake Services Limited
General
Proceeding
Property at Bowenvale Avenue, Cashmere. Covered under AMI policy. Damaged in September 2010 and February
2011. The plaintiffs say the repair estimates prepared by the first defendant and the second defendant are insufficient
to reinstate the house to the policy standard. The plaintiff says the economic option is to rebuild at a cost of
$1,055,405.46. The plaintiff claims $184,037.06 plus damages, interest and costs from the first defendant and
$825,405.46 plus damages, interest and costs from the second defendant.
4/02/2016 Grant Shand:- Plaintiffs
John Knight/Simon ODonnell:- Chapman
Tripp, First Defendant
Caroline Laband/Vanessa Ma:- DLA Piper,
Second Defendant (DISCONTINUED)
YES DISCONTINUED 12/04/2017
CIV-2016-409-000053 Immers v IAG New Zealand
Limited
General
Proceeding
Property at Donnington Street, Parklands. Covered under IAG policy. Damaged in September 2010 and February
2011. The plaintiffs say that the defendants proposed repair methodology to relevel the foundations using low mobility
grout is insufficient to remediate the house to the same condition and extent as when new. The plaintiffs say the
economic option is to rebuild the house at a cost of $959,560. The plaintiffs claim $836,487 plus damages, interest
and costs from the defendant.
2/02/2016 Grant Shand:- Plaintiffs
Ross Armstrong:- DLA Piper, Defendant
YES DISCONTINUED 14/12/2016
CIV-2016-409-000051 Van Der Lee v Tower Insurance
Limited
General
Proceeding
Property at Pegasus Avenue, North New Brighton. Covered under ANZ Bank policy. Damaged in September 2010.
The plaintiff says the defendants proposed repair methodology is insufficient to repair the house. The plaintiff says the
foundations and cladding must be replaced, and ground improvement is necessary. The plaintiff says the economic
option is to rebuild the house at a cost of $706,189.36. The plaintiff claims $591,189.36 plus damages, interest and
costs from the defendant.
2/02/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/Gary Davis, counsel acting for plaintiffs
Matthew Harris:- Gilbert Walker, Defendant
YES DISCONTINUED 01/08/2017
CIV-2016-409-000035 Barnsley v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Sinclair Street, New Brighton. Policy under Souther Response. Property damaged in Canterbury
Earthquake Sequence. Southern Response elected to rebuild the house. Plaintiff seks reinstatement costs of
$923,934, alternative accomodation and storage costs, the cost of items lost from the site, general damges, interest
and costs.
26/01/2016 Grant Shand, Grant Shand Baristers,
Plaintiffs
Caroline Laband, DLA Piper, Defendant
YES DISCONTINUED 08/08/2016
CIV-2016-404-003215 Vinlink Marlborough Limited v
IAG New Zealand Limited
General
Proceeding
Removed from Christchurch Earthquake list 20/12/2016 Peter Woods:- Anthony Harper, Solicitor for
the appellant
Craig Langstone:- Fee Langstone,
Defendants
YES REMOVED FROM EARTHQUAKE LIST
08/03/2017
CIV-2016-404-002194 Park Grove Estate Limited v
Vero Insurance New Zealand
Limited
General
Proceeding
Property at Saint Asaph Street, Christchurch. Covered under a Vero policy. Damaged in September 2010 and
February 2011. The plaintiff says the indemnity payment made by the defendant is insufficient to completely remediate
all of the damage to the property. The plaintiff seeks $652,032.10 (plus interest and costs) from the defendant.
2/09/2016 Grant Shand:- Plaintiffs
[Discontinued before being served]
YES DISCONTINUED 10/03/2017
CIV-2016-404-002189 Southern Response Earthquake
Services Limited v QBE
Insurance (International )
Limited
General
Proceeding
Various properties in Christchurch. Damaged as a result of Canterbury earthquake sequence. Policy under QBE. The
plaintiff says the defendant has indemnified the plaintiff against any earthquake damage and is liable to the plaintiff for
various repairs and fit out costs. The plaintiff seeks declarations under the Declaratory Judgment Act in addition to
judgment for $7,559,829.61 (plus interest and costs) and business interruption costs against the defendant.
2/09/2016 David Friar:- Bell Gully, Plaintiff
Craig Langstone: Fee Langstone, Defendant
YES WITHDRAWN 20/10/2016
CIV-2016-404-002068 Cooper-Davies Trustees
Number 6 Limited & Zurich
Australia Insurance Limited
General
Proceeding
Claim in respect of a commercial property at Lichfield Street. The plaintiff says the former owner of the property
entered into a settlement agreement with the defendant. The plaintiff says the settlement agreement did not sufficiently
meet the terms of the policy of insurance because settlement should have been on on a per-event basis. The plaintiff
seeks a declaration that the settlement agreement is not enforceable and that the defendant owes the plaintiff the
difference between the settlement amount and the per-event amount.
25/08/2016 Stephen Rennie:- Rhodes & Co, Plaintiffs
Antony Holden:- DAC Beachcroft, Defendant
YES DISCONTINUED 10/03/2017
CIV-2016-404-002065 Crum v Vero Insurance New
Zealand Limited
General
Proceeding
Property at Shortland Street, Wainoni. Covered under Vero policy with a sum insured limit. The plaintiffs say the sum
insured amount reinstated on the happening of each earthquake therefore the damage should be apportioned
between events each with a reinstated sum insured. The plaintiffs seek declarations to this effect plus interest and
costs.
25/08/2016 Stephen Rennie:- Rhodes & Co, Plaintiffs
Peter Hunt:- McElroys, Defendant
YES DISCONTINUED 29/03/2018
CIV-2016-404-001786 Auld v IAG New Zealand Limited
& Earthquake Commission
General
Proceeding
(Repairs)
Property at Wattle Drive, New Brighton. Covered under a State policy. Damaged in September 2010 and February
2011. The plaintiffs say the first defendant has not taken steps to settle the claim and the second defendant has not
made payment as obligated under Earthquake Commission Act 1993. The plaintiff seeks $425,000 (plus damages,
stress payment, interest and costs) from the first defendant and $175,000 (plus damages, interest and costs) from the
second defendant.
28/07/2016 Grant Shand:- Counsel for Plaintiffs
DLA Piper, First Defendant
John Knight:- Chapman Tripp, Second
Defendant
YES DISCONTINUED 14/11/2017
CIV-2016-404-001741 McLaren v Tower Insurance
Limited
General
Proceeding
Property at Quinns Road, Shirley. Covered under ANZ Bank policy. Damaged in February 2011 and June 2011. The
plaintiff says the defendant has settled her claim for driveways, paths and fences but not the claim for substantive
damage to the house. The plaintiff says the economic option is to rebuild at a cost of $669,231.95. The plaintiff claims
$549,266.88 (plus damages, interest and costs) from the defendant.
27/07/2016 David Jackson:- Counsel for Plaintiffs
Matthew Harris:- Gilbert Walker, Defendant
YES DISCONTINUED 22/03/2019
CIV-2016-404-001715 Garnett v Lumley General
Insurance (N.Z) Limited
General
Proceeding
Property at Richardson Terrace, Woolston. Covered under a Lumley policy. Damaged in September 2010 and
February 2011. The plaintiffs say the defendant has not taken steps to settle the claim. The plaintiffs seek
$990,844.70 (plus stress payment, additional loss, interest and costs) from the defendant.
22/07/2016 Grant Shand:- Counsel for Plaintiffs
Peter Leman:- DLA Piper, Defendant
YES DISCONTINUED 15/03/2018
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-404-001617 Soper v Lumley General
Insurance (N.Z.) Limited
General
Proceeding
Property at Beauford Place, Parklands, Christchurch. Covered under a Westpac Bank policy. Damaged in September
2010 and February 2011. The plaintiffs say the foundations of the house must be replaced and that the cost of
remediation will "cost about $800,000." The plaintiff claims $662,353.82 (plus damages, interest and costs) from the
defendant.
13/07/2016 Grant Shand:- Plaintiffs
Catherine Laband:- DLA Piper, Defendant
YES DISCONTINUED 08/11/2017
CIV-2016-404-001534 Knight & Calder v IAG New
Zealand Limited & Earthquake
Commission
General
Proceeding
Property at Seaview Terrace, Lyttelton. Covered under a State policy. Damaged in September 2010 and February
2011. The plaintiffs say the first defendant has not taken steps to settle the claim and the payments made by the
second defendant are insufficient to fully remediate the damage to the house. The plaintiffs seek $1,229,904.65 (plus
interest and costs) from the first defendant and $57,539.22 (plus damages, interest and costs) from the second
defendant.
1/07/2016 Grant Shand:- Plaintiffs
Oliver Collette-Moxon:- Duncan Cotterill, First
Defendant
John Knight:- Chapman Tripp, Second
Defendants
YES DISCONTINUED 30/08/2017
CIV-2016-404-001465 Sutherland v Lumley General
Insurance (N.Z.) Limited
General
Proceeding
Property at Broadhaven Avenue, Parklands. Covered under Westpac Bank policy. Damaged in September 2010 and
February 2011. The plaintiffs say the defendant proposed to repair the house by repairs to the foundations. The
plaintiffs say the foundation must be replaced. The plaintiffs claim $663,206.86 (plus damages, interest and costs)
from the defendant.
24/06/2016 Grant Shand:- Plaintiffs
Paul Smith:- Duncan Cotterill, Defendant
Yes DISCONTINUED 22/01/2019
CIV-2016-404-001396 Armfield v IAG New Zealand
Limited
General
Proceeding
Property at Chepstow Avenue, Fendalton. Covered under a State policy. Damaged in September 2010 and February
2011. The plaintiffs say the defendant has not taken steps to settle the claim. The plaintiffs seek $344,924.24 (plus
temporary accommodation, landscaping, damages, interest and costs) from the defendant.
20/05/2016 Grant Shand:- Plaintiffs
Grant MacDonald/Anna McElhinney:- DLA
Piper, Defendant
YES DISCONTINUED 17/01/2017
CIV-2016-404-001391 Batstone v IAG New Zealand
Limited
General
Proceeding
Property at Whaka Terrace, Huntsbury. Covered under a State policy. Damaged in February 2011. The plaintiffs say
the defendant has not taken steps to settle the claim. The plaintiffs seek $1,556,614 (plus damages, stress payment,
interest and costs) from the defendant.
16/06/2016 Grant Shand:- Plaintiffs
Chris Hlavac:- Young Hunter, Defendant
YES DISCONTINUED 03/08/2017
CIV-2016-404-001161 Ng & Ors v IAG New Zealand
Limited & Earthquake
Commission Limited
General
Proceeding
(Repairs)
Property at 46 Middleton Road, Upper Riccarton. Covered under a BNZ Bank policy. Damaged in February 2011.
The plaintiffs say the defendants have failed or refused to make payment for reinstatement of earthquake damage.
The plaintiffs say the economic option is to rebuild at a cost of $673,312.93. The plaintiffs claim $544,744.43 (plus
damages, interest and costs) from the first defendant and $113,850 (plus damages, interest and costs) from the
second defendant.
31/05/2016 Grant Shand:- Plaintiffs
Catherine Jamieson:- Young Hunter, First
Defendant
John Knight:- Chapman Tripp, Second
Defendant
YES DISCONTINUED 14/11/2017
CIV-2016-404-001116 JASML Limited v IAG New
Zealand Limited (Discontinued)
& Earthquake Commission
General
Proceeding
Properties at Rawson Street, New Brighton. Covered under an IAG policy. Damaged in February 2011. The plaintiff
says the economic option is to rebuild and the payments made so far by the first and second defendants have been
insufficient to do so. The plaintiff seeks $192,213.82 (plus lost rent, stress payment, interest and costs) from the first
defendant and $113,850 (plus interest and costs) from the second defendant.
27/05/2016 Grant Shand:- Plaintiff
Grant Macdonald/Ian Law:- DLA Piper, First
Defendant
John Knight/Anthony Wicks:- Chapman
Tripp, Second Defendant
YES DISCONTINUED 18/09/2017
CIV-2016-404-001071 Xu & Diamantina Trust Limited v
IAG New Zealand Limited &
Earthquake Commission
General
Proceeding
Property at 90 Shortland Street, Wainoni. Covered under BNZ Bank policy. Damaged in September 2010 and
February 2011. Insurance rights assigned to the plaintiff by deed of assignment in February 2015. The plaintiff says
the economic option is to rebuild at a cost of $583,888.52. The plaintiff claims $353,888.52 (plus $1125 stress
payment, $5000 loss of rent, interest and costs) from the first defendant and $162,806.72 (plus interest and costs)
from the second defendant.
23/05/2016 Grant Shand:- Plaintiffs
Caroline Laband:- DLA Piper, First
Defendant
John Knight:- Chapman Tripp, Second
Defendant
YES DISCONTINUED 08/11/2019
COURT OF APPEAL MILESTONES:
CA517/17
Filed 11/9/17
Dismissed 11/5/18
SC47/18
Filed 31/5/18
Leave granted 2/8/18
Dismissed 3/7/19
CIV-2016-404-001006 Body Corporate 411913 v IAG
New Zealand Limited
General
Proceeding
Claims in respect of 2 units/houses in a unit title development at Flemington Avenue, North New Brighton. Covered
under State policy. Damaged in February 2011. The plaintiff says the economic option is to rebuild each house at a
cost of $486,817.69 and $486,817.69 respectively. The plaintiff claims $754,613.60 plus interest and costs from the
defendant.
16/05/2016 Grant Shand:- Plaintiffs
Chris Hlavac:- Young Hunter, Defendant
YES DISCONTINUED 19/12/2016
CIV-2016-404-001000 Connor & Ors (as trustees) v
IAG New Zealand Limited &
Earthquake Commission
(discon)
General
Proceeding
Property at Attlee Crescent, Bryndwyr. Covered under State policy. Damaged in September 2010 and February 2011.
Insurance rights assigned to the plaintiff by deed of assignment in June 2012. The plaintiff says the economic option is
to rebuild at a cost of $558,462.71. The plaintiff claims $387,616.43 (plus $1000 stress payment, interest and costs)
from the first defendant and $169,137.81 (plus damages, interest and costs) from the second defendant.
13/05/2016 Grant Shand:- Plaintiffs
Paul Smith:- Duncan Cotterill, First
Defendant
John Knight:- Chapman Tripp, Second
Defendant
YES DISCONTINUED 28/03/2018
CIV-2016-404-000984 Frampton & Vanschevensteen v
Tower Insurance Limited &
Earthquake Commission
General
Proceeding
Property comprising two adjoined flats at Riverlaw Terrace, Saint Martins. Covered under a Tower policy. Damaged in
September 2010 and February 2011. The plaintiffs say the cost to remediate the damage to the flats is $400,000 and
$200,000 respectively. The plaintiffs say the defendants have delayed settlement therefore must pay cash. The
plaintiffs claim a combined total of $369,698.29 (plus damages, interest and costs) from the first defendant and
$207,650.92 (plus damages, interest and costs) from the second defendant.
11/05/2016 Grant Shand:- Plaintiffs
Alexander Ho:- Gilbert Walker, First
Defendant
John Knight/Ash Gray:- Chapman Tripp,
Second Defendant (Discontinued)
YES DISCONTINUED 11/08/2017
CIV-2016-404-000894 Senior v Vero Insurance New
Zealand Limited
General
Proceeding
(transferred from
the Auckland
registry)
Property at Gardiners Road, Harewood. Covered under Vero policy. Damaged in September 2010 and February
2011. The plaintiff says the economic option is to rebuild the house at a cost of $3,174,780. The plaintiff claims
$2,975,709.62 (plus damages, interest and costs) from the defendant.
2/05/2016 Grant Shand:- Plaintiffs
Anna King:- Hesketh Henry, Defendant
YES DISCONTINUED 18/09/2017
CIV-2016-404-000833 Zonneveld & Ors v Tower
Insurance Limited & Earthquake
Commission
General
Proceeding
Property at Copenhagen Place, Hoon Hay. Covered under a Tower policy. Damaged in September 2010. The
plaintiffs say the economic option is to rebuild the house and the payments made by the first and second defendant
have been insufficient. The plaintiffs seek $959,041.10 (plus damages, interest and costs) from the first defendant and
$75,790.07 (plus damages, interest and costs) from the second defendant.
21/04/2016 Grant Shand:- Plaintiffs
Matthew Harris/Thomas Jospeh:- Gilbert
Walker, First Defendant
John Knight:- Chapman Tripp, Second
Defendant
YES DISCONTINUED 14/02/2018
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2016-404-000790 Bekhuis v Lumley General
Insurance (N.Z.) Limited
General
Proceeding
Property at Francis Avenue, Mairehau. Covered under a Westpac Bank policy. Damaged in all earthquakes. The
plaintiffs say the payments made so far by the defendant are insufficient to remediate all of the damage to the house.
The plaintiffs seek $463,682 (plus temporary accommodation, damages, interest and costs) from the defendant.
18/04/2016 Grant Shand:- Plaintiffs
Caroline Laband:- DLA Piper, Defendant
YES DISCONTINUED 26/04/2018
CIV-2016-404-000779 Fitzgerald & Ors (as trustees) v
IAG New Zealand Limited
General
Proceeding
Property at Innes Road, Saint Albans. Covered under State policy. Damaged in September 2010 and February 2011.
The plaintiffs say to repair the house the foundations would need to be replaced with TC2 foundations with deep
ground improvement. The plaintiffs say the economic option is to rebuild the house at a cost of $1,515,962. The
plaintiff claims $1,384,712.81 (plus damages, $1000 stress payment, interest and costs) from the defendant.
15/04/2016 Grant Shand:- Plaintiffs
Martin Smith:- Gilbert Walker, Defendant
YES JUDGMENT - DEFENDED HEARING
20/12/2018
COURT OF APPEAL MILESTONES:
CA53/19
Leave to Appeal
Filed 15/2/19
Leave granted 4/3/19
Filed 4/3/19
CIV-2016-404-000778 Henderson & McIntyre v Tower
Insurance Limited
General
Proceeding
Property at Chartwell Street, Burwood. Covered under ANZ Bank policy. Damaged in September 2010 and February
2011. The plaintiffs say the economic option is to rebuild at a cost of $789,244. The plaintiffs claim $x$646,963.89
(plus $15,000 temporary accommodation, damages, interest and costs) from the defendant.
15/04/2016 Grant Shand:- Plaintiffs
Martin Smith:- Gilbert Walker, Defendant
YES DISCONTINUED 26/07/2017
CIV-2016-404-000680 Noonan & Tait v IAG New
Zealand Limited
General
Proceeding
Property at Digby Place, Bromley. Covered under ASB Bank policy. Damaged in September 2010 and February
2011. The plaintiffs say the defendants proposed repair methodology, involving partial replacement of foundations, is
insufficient to retore the house to a condition as nearly as possible equal to its condition when new. The plaintiffs say
the economic option is to rebuild the house at a cost of $698,599. The plaintiff claims $587,686 (plus damages,
interest and costs) from the defendant.
4/04/2016 Grant Shand:- Plaintiffs
Rob Coltman/Simon Connolly:- Duncan
Cotterill, Defendant
YES DISCONTINUED 12/09/2017
CIV-2016-404-000665 Sianipar & Simanjuntak v IAG
New Zealand Limited &
Earthquake Commission
General
Proceeding
(Repairs)
Property at Windermere Road, Papanui. Covered under a State policy. Damaged in February 2011. The plaintiffs say
the first defendant has not taken steps to settle the claim, and the work undertaken so far by the second defendant
does not fully remediate the damage to the house. The plaintiffs seek $153,874.24 (plus damages, interest and costs)
from the first defendant and $113,850 (plus damages, interest and costs) from the second defendant.
4/04/2016 Andrew Ferguson: - Plaintiffs
Kate Rouch:- Chapman Tripp, First
Defendant
Rick Hargreaves:- Duncan Cotterill, Second
Defendant
YES DISCONTINUED 22/01/2019
CIV-2016-404-000456 Van Stolk v Vero Insurance New
Zealand Limited
General
Proceeding
Property at Cornwall Road, Lyttelton. Covered under Vero policy. Damaged in September 2010 and February 2011.
The plaintiff says the defendant has offered to pay nothing to reinstate the house. The plaintiff says it will cost
"approximately $600,000" to reinstate the property. The plaintiff claims $484,000 (plus damages, interest and costs)
from the defendant.
10/03/2016 Grant Shand:- Plaintiffs YES STRUCK OUT 13/10/2016
CIV-2016-404-000340 Merry v IAG New Zealand
Limited
General
Proceeding
Property at Keyes Road, New Brighton. Covered under BNZ bank policy. Damaged in September 2010 and February
2011. The plaintiff says the repair strategy proposed by the defendant will not remediate the damage to the
foundations of the house. The plaintiff says the economic option is to rebuild the house at a cost of $996,208.55. The
plaintiff claims $850,327.83 (plus damages, interest and costs) from the defendant.
2/03/2016 Grant Shand:- Plaintiffs
Catherine Jamieson:- Young Hunter,
Defendant
YES DISCONTINUED 24/02/2017
CIV-2016-404-000294 Moyle v IAG New Zealand &
Pattersons Insurerbuild Limited
General
Proceeding
(Repairs)
?? 29/02/2016 YES YES DISCONTINUED 24/07/2017
CIV-2016-404-000192 Winter v IAG New Zealand
Limited
General
Proceeding
Property at Flaxgrove Place, Parklands. Covered under IAG policy. Damaged in February 2011 and June 2011. The
plaintiffs say the foundations of the house cannot be releveled, as proposed by the defendant. The plaintiff says the
economic option is to rebuild the property at a cost of $1,043,699.77. The plaintiff claims $896,126.97 plus damages,
temporary accommodation, stress payment, interest and costs from the defendant.
12/02/2016 Grant Shand:- Plaintiffs
Simon Connolly:- Duncan Cotterill,
Defendant
YES DISCONTINUED 08/06/2017
CIV-2016-404-000150 Minchington v IAG New Zealand
Limited
General
Proceeding
Property at Cranford Street, Saint Albans. Covered under a State policy. Damaged in September 2010 and February
2011. The plaintiff says the defendant has not taken steps to settle the claim. The plaintiff seeks $863,494 (plus
damages, stress payment, interest and costs) from the defendant.
4/02/2016 Grant Shand:- Plaintiff
Catherine Jamieson:- Young Hunter,
Defendant
YES DISCONTINUED 18/08/2017
CIV-2016-009-001844 Shane Beardsley and Krystal
Linda Beardsley v Southern
Response Earthquake Services
Limited
General
Proceeding
Properties at Rae Lane, New Brighton and Baker Street, New Brighton. Damaged as a result of the Canterbury
Earthquake Sequence. Policy under AMI Insurance. Plaintiffs settled a claim in regards to the properties but after
obtaining further information seek to have the settlement agreement declared void and claim judgement for a breach
of the Fair Trading Act 1986, general damages, interest and costs.
12/08/2016 18/12/2018 Grant Shand, Grant Shand Baristers,
Plaintiffs
Peter Leman, DLA Piper, defendant
YES DISCONTINUED 30/04/2019
CIV-2016-009-001842 Groen v Southern Response
Earthquake Services Limited
General
Proceeding
(transferred from
District Court)
Property at Brynn Lane, Bexley. Damaged in September 2010 and February 2011. Policy under AMI. The plaintiffs
say the defendant engaged in misleading and/or deceptive conduct by representing the cost to rebuild the house as
$337,716.83 when the cost was at least $442,577.50. The plaintiffs seek that the settlement agreement be void,
damages for $105,161.50 being the difference between the settlement amount and the disclosed rebuild amount and
general damages of $50,000 (plus interest and costs). The plaintiffs further say that the defendant breached its
obligations as it failed to disclose all material information that the insurer knew or ought to have known and seek
$105,161.50 (plus interest and costs) against the defendant.
12/08/2016 12/07/2017 Grant Shand: - Plaintiffs
Nick Moffatt and David Friar: - Bell Gully,
Defendant
YES DISCONTINUED 14/05/2018
CIV-2015-485-000698 QBE Insurance (International)
Limited v Earthquake
Commission
General
Proceeding
Property at Bealey Avenue, Christchurch. Damaged as a result of the 13 June 2011 Canterbury earthquake. The
plaintiff says the defendant wrongfully declined the claims and as a result the plaintiff suffered a financial loss. The
plaintiff seeks judgment in the sum of $230,000 (plus interest and costs) against the defendant.
3/09/2015 Craig Langstone, Fee Langstone, Plaintiff
[Awaiting statement of claim]
YES DISCONTINUED 03/12/2018
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2015-409-000839 St James of Avonside Limited v
IAG New Zealand Limited
General
Proceeding
Claim in respect of a rest home property at Dover Street, St Albans. Covered under an NZI material damage and a
seperate business interuption policy. Damaged in September 2010, February 2011 and June 2011. The material
damage insurance cover included, inter alia, $3,200,000 for buidlings and $380,000 for contents. The business
interruption policy covered $1,700,000 for business interruption. Both policies were in effect between 6 March 2010-
2011 and 6 March 2011-2012. Thte plaintiff says the rest home cannot be repaired by reason of the damage or the
uneconomic nature of any repair strategy. The plaintiff says the cost of replacing the rest home is $6,973,945 (plus
GST). The plaintiff says the sum insured reinstated after each seperate earthquake event. The plaintiff claims: (1)
reinstatement costs of the destroyed rest home; (2) at another location if the original site is no longer suitable, and; (3)
business interruption costs of $1,186,363 plus claim preparation costs, interest and costs.
21/12/2015 Peter Woods:- Anthony Harper, Plaintiff
Paul Smith/Simon Connolly:- Duncan
Cotterill, Defendant
YES DISCONTINUED 30/05/2016
CIV-2015-409-000821 Hubert & Suter v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Seafield Place, South New Brighton. Covered under AMI policy. Damaged in February 2011 and June
2011. The plaintiffs say the economic option is to rebuild at a cost of $918,081.16. The plaintiffs say the defendant
offered to pay the sum of $416,256.45 the plaintiffs. The plaintiffs claim $776,528.70 (plus damages, interest and
costs) from the defendant.
14/12/2015 Grant Shand:- Plaintiffs
Peter Leman/Brad Cuff:- DLA Piper,
Defendant
YES DISCONTINUED 14/07/2017
CIV-2015-409-000805 Cooke & Nicholson v
Earthquake Commission &
Tower Insurance Limited & IAG
New Zealand Limited
General
Proceeding
This case involves two properties on adjoining land at Madras Street, owned by two different plaintiffs. The first
property was covered under a Tower policy and and the second property was covered under an NZI policy. Both
properties were damaged in 4 September 2010 and 22 February 2011. The first plaintiff says the economic option is
to rebuild their house and claims $127,378.05 (plus damages, interest and costs) from the first defendant and
$313,899.57 (plus $10,400 loss of rent, damages, interest and costs) from the second defendant. The second
second plaintiff says the first and third defendants have not met their requirement to pay reinstatement costs. The
second plaintiff claims $132,662.21 (plus damages, interest and costs) from the first defendant and $37,000 (plus
$10,374 loss of rent, $2000 stress payment, damages, interest and costs) from the third defendant.
9/12/2015 Grant Shand:- Plaintiffs
John Knight/Simon ODonnell:- Chapman
Tripp, First Defendant
Martin Smith:- Gilbert Walker, Second
Defendant
Stephanie Grieve/Willie Hamilton:- Duncan
Cotterill, Third Defendant
YES DISCONTINUED 09/11/2016
CIV-2015-409-000801 Fleming & Fleming Family Trust
v Lumley General Insurance
(NZ) Limited
General
Proceeding
Property at Lake Terrace Road, Burwood. Damaged in September 2010 and February 2011. The plaintiffs say the
terms of the policy require the defendant to pay the costs actually incurred to repair or rebuild the property to
substantially the same condition and extent as to when it was new, or pay the cash equivalent, as well as compliance
with current legal requirements and professional fees. The plaintiff obtained a report from a quantity surveyor which
says the reinstatement cost is $1,741,100. The plaintiff claims $1,611,113.20 plus interest and costs.
8/12/2015 DArcy Thomson:- Kannangara Thomson,
Plaintiff
Stephanie Grieve/David Hills:- Duncan
Cotterill, Defendant
YES DISCONTINUED 04/07/2017
CIV-2015-409-000800 Lodwidge v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Ascot Avenue, North New Brighton. Covered under AMI policy. Damaged in September 2010 and
February 2011. The plaintiffs say they have received over-cap settlement from Earthquake Commission. The plaintiffs
say the cost to rebuild the house is $799,149.48 but the defendant has only offered to rebuild based on a cost of
$389,735.81. The plaintiff claims $676,146.46 plus damages, interest and costs.
7/12/2015 Grand Shand:- Plaintiff
Peter Leman/Shane Swinerd:- DLA Piper,
Defendant
YES DISCONTINUED 24/02/2017
CIV-2015-409-000789 Henderson v Earthquake
Commission
General
Proceeding
Property with two buildings purposed as dwellings at Mundys Road, Dallington. Covered under Lumley policy.
Damaged in September 2010, February 2011 and June 2011. The plaintiffs have received payments of $154,060 and
$5864 for each respective building. The plaintiffs say the buildings must be rebuilt and that the cost to rebuild has
been agreed between the plaintiffs and their insurer Lumley. The plaintiffs claim $139,197 and $108,403 for the
respective buildings (plus damages, interest and costs) from the defendant.
2/12/2015 Grant Shand:- Plaintiffs
John Knight/Jasmin Moran:- Chapman
Tripp, Defendant
YES DISCONTINUED 24/06/2016
CIV-2015-409-000754 EQC Action Group v
Earthquake Commission
General
Proceeding
The plaintiffs are a group of property owners that claim to have unresolved claims with the defendant. At the time of
filing these proceedings involved 150 plaintiffs in respect of 110 damaged properties. The plaintiffs seek various
declarations they say will assist in the determination and settlement of their claims for natural disaster damage against
the defendant. First, the plaintiffs seek a declaration that if the defendant elects to settle by payment then the
defendant is liable to pay, in accordance with Earthquake Commission Act 1993, any costs reasonably incurred in
respect of demolition and removal of debris; replacing or reinstating to a condition substantially the same as new but
not better or more extensive than its condition when new; complying with applicable laws; and, other costs and fees
payable in the course of replacement or reinstatement. Secondly, the plaintiffs seek a declaration that where, in order
to replace or reinstate the building, it is necessary to remove, damage, destroy or work on an undamaged part of the
house then the amount payable should include the cost of removing, damaging, destroying ot working on the
undamaged part along with the cost of reinstatement, compliance and other fees or costs associated with the
undamanged part. Thirdly, the plaintiffs seek a declaration that cl 9(1)(a) of Schedule 3 of Earthquake Commission
Act 1993 is not applicable where the defendant elects to settle by way of payment. Fourthly, the plaintiffs seek a
declaration that in any claim for floor level dislevelment the defendant is liable to pay the cost of, or carry out,
reinstatement or replacement to the standard required under Earthquake Commission Act 1993; and, that the
defendant is liable in this way even if the floor dislevelment is within the Minisitry of Business Innovation and
Employment Guidance on dislevelment tolerances. The plaintiffs also seek costs.
17/11/2015 Peter Woods:- Anthony Harper, Plaintiffs
John Knight:- Chapman Tripp, Defendant
YES DISCONTINUED 17/05/2016
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2015-409-000749 Duggan v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Chapter Street, Saint Albans. Covered under an AMI policy assigned by written deed to the plaintiffs.
Damaged in September 2010 and February 2011. The plaintiff has received over-cap payments from Earthquake
Commission. The plaintiff says the economic option is to repair the house at a cost of $1,171,268 but the defendant
has taken an unreasonable amount of time to assess and determine the claim. The plaintiff claims $1,051,862.60
(plus damages, interest and costs) from the second defendant.
16/11/2015 Grant Shand:- Plaintiff
David Friar/Nick Moffatt:- Bell Gully,
Defendant
YES DISCONTINUED 17/07/2017
CIV-2015-409-000748 Palmer Investments (2008)
Limited v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Bridge Street, New Brighton. Covered under AMI policy. Damaged in September 2010, February 2011
and December 2011. The plaintiff has received over-cap payment from Earthquake Commission. The plaintiff says the
defendant proposed to rebuild the house and repair the garage. The plaintiff says the defendants most recent
proposal is a cash settlement of $387,639.54. The plaintiff says the cost to rebuild the house is $821,806.90 and that
it will take 32 weeks to complete. The plaintiff claims $697,010.91 (plus $9,600 loss of rent, interest and costs) from
the defendant.
16/11/2015 Grant Shand:- Plaintiff
Emily Walton/Alannah Shaw:- Wynn
Williams, Defendant
YES DISCONTINUED 09/02/2017
CIV-2015-409-000747 Parrott & Sturkenboom v
Earthquake Commission & IAG
New Zealand Limited
General
Proceeding
Property at Weir Place, Hoon Hay. Covered under State Insurance policy. Damaged in September 2010, February
2011 and June 2011. The plaintiffs say the first defendant initially determined that the house could be repaired but
changed its decision to say it could not be repaired because the land was sinking. The plaintiff says the cost to repair
the house is $501,693.05 and involves lifting the house and replacing the foundations. The plaintiff claims
$277,247.59 (plus damages, interest and costs) from the first defendant and $224,445.66 (plus $1000 stress
payment, damages, interest and costs) from the second defendant.
12/11/2015 Grant Shand:- Plaintiff
John Knight/Jasmin Moran:- Chapman
Tripp, First Defendant
Chris Hlavac:- Young Hunter, Second
Defendant
YES DISCONTINUED 24/04/2017
CIV-2015-409-000744 GJO Trustees Limited v IAG
New Zealand Limited
General
Proceeding
Claim in respect of a house at Main Road, Redcliffs. The house was insured under an NZI policy and damaged in
September 2010 and February 2011. The property has sea protection rockwalling along the edge of the estuary of the
Avon and Heathcote rivers. The plaintiffs say the house suffered significant damage to the foundations among other
structural damage including differential settlement, issues with the sea protection rockwall, water ingress and cosmetic
damage. The plaintiff say the house is unrepairable and has been totally destroyed. The plaintiffs say the cost to
rebuild the house is $8,455,690.81. The plaintiff says the defendant denies the house is totally destroyed. The
plaintiffs seek a declaration that the house has been totally destroyed; that the plaintiffs have the right to elect to
rebuild the house; and, that the cost to rebuild the house is $8,455,690.41.
11/11/2015 Peter Woods:- Anthony Harper, Plaintiff
Grant Macdonald/Ian Law:- DLA Piper,
Defendant
YES DISCONTINUED 20/02/2017
CIV-2015-409-000693 Parkinson v Medical Assurance
Society New Zealand Limited
General
Proceeding
Property at Fendalton Road. Covered under Medical Assurance Society policy. Damaged in September 2010. The
plaintiffs say there is extensive damage and settlement to the ground floor slab and other structural components of the
house. The plaintiffs say that the defendant made a cash settlement offer based on the repair cost of the house. The
plaintiffs allege the house is uneconomic to repair and that they wish to rebuild the house to a condition substantially
the same as new. The plaintiffs say the cost to rebuild is $3,820,377.05. The defendant and Earthquake Commission
have made cash payments to the plaintiffs. The plaintiffs claim $1,814,377.05 plus exemplary damages of $100,000,
general damages, interest and costs.
30/10/2015 Harry Shaw:- Wynn Williams, Plaintiffs
Andrew Horne:- Minter Ellison Rudd Watts,
Defendant
YES DISCONTINUED 04/09/2017
CIV-2015-409-000687 Mitchell v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Sweet Waters Place, Woolston. Covered under AMI policy. Damaged in September 2010 and February
2011. The plaintiff says there is a dispute between the parties about the cost to rebuild the property. The plaintiff says
the cost to rebuild the house is $932,888 and the defendant says the cost to rebuild is $634,981. The plaintiff seeks
the cost to rebuild the house plus damages, interest and costs.
23/10/2015 Grant Shand:- Plaintiff
Grant Macdonald/Richard Tosh:- DLA Piper,
Defendant
YES DISCONTINUED 25/01/2017
CIV-2015-409-000654 Allison v IAG New Zealand
Limited & Earthquake
Commission
General
Proceeding
Property at Patten Street, Avonside. Covered under NZI policy. Damaged in September 2010 and February 2011.
The plaintiff says the scope of works prepared by the second defendant (EQC) does not meet the standard of
reinstatement under Earthquake Commission Act 1993 or the policy of insurance with the first defendant. The plaintiff
seeks an order that the first defendant specifically perform its obligation to pay the different between EQCover and the
amount payable under the policy of insurance (plus interest and costs) and an order that the second defendant pay
damages in the sum of not less than $115,000 per event (plus interest and costs).
6/10/2015 Andrew Hooker/Kate Sheehan:- Shine
Lawyers, Plaintiff
Stephanie Grieve/Willie Hamilton:- Duncan
Cotterill, First Defendant
John Knight:- Chapman Tripp, Second
Defendant
YES DISCONTINUED 23/03/2016
CIV-2015-409-000628 PLC Properties Limited v QBE
Insurance (International) Limited
General
Proceeding
The plaintiff owns a warehouse and adjourning office building at Sir James Wattie Drive. Covered under sum-insured
policy with QBE. Damaged in September 2010 and February 2011. The sum-insured amounts were $7,000,000
replacement value for the September 2010 period and $9,859,000 replacement value for the February 2011 period.
Both parties have obtained engineering reports but the expert engineers differ on their proposed remediation
strategies. The plaintiff says substantial repairs, including replacement of a large amount of foundations, must occur
for the reinstatement of the building. The defendant asks for further particulars of the damage and conferral of expert
witnesses. The plaintiffs seek judgment for a sum to be determined to restore the property to a condition substantially
the same as, but not better or more extensive than, its condition when new including all costs to comply with any Act
of Parliament or regulation (plus interest and costs).
29/09/2015 Simon Munro/Jonathan Nicolle:- Anderson
Lloyd, Plaintiffs
Craig Langstone/Katerina Wendt:- Fee
Langstone, Defendant
YES DISCONTINUED 13/12/2016
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2015-409-000530 Preston v Southern Response
Earthquake Services Limited
General
Proceeding
These proceedings are filed as a representative action of 47 insured parties known as The Southern Response
Unresolved Claims Group (the Group). Each member of the Group held a Premier House insurance policy. Claims
against AMI are dealt with by the Crown-owned claims manager Southern Response. The Group alleges a broad
range of breaches of the insurance policy and ancillary insurance law against Southern Response. In summary, the
plaintiffs allege: mischaracterisation of the settlement options under the policy; additional pre-settlement conditions that
were inconsistent with the policy; restrictions on a ‘Self-Managed Rebuild’ that were inconsistent with the policy;
understatement of repair/rebuild costs; improper assessment of demolition, design and contingency fees; improper
assessment and estimated cost of foundation repair and rebuild strategies; use of closed-market rates in estimated
repair/rebuild costs; and, underestimation of required works, and Erroneous assessment of whether house is beyond
economic repair. The Group seeks declarations that Southern Response has breached the insurance policy and/or
breached process rights and the duty of good faith. The Group claims damages for insurance claims calculated
individually for each claimant, general damages, interest and costs.
26/08/2015 Grant Cameron:- GCA Lawyers Plaintiffs
David Friar/Morgan Powell:- Bell Gully,
Defendant
YES DISCONTINUED 16/12/2016
COURT OF APPEAL MILESTONES:
CA124/16
Filed 21/3/16
Abandoned 9/2/17
CA37/17
Filed 30/1/17
Dismissed 30/10/17
Cross Appeal
Filed 13/2/17
Allowed in Part 30/10/17
CIV-2015-409-000511 Smith v IAG New Zealand
Limited & Hawkins Construction
Limited, Orange Homes (2005)
Limited, HFC Civil and Structural
(South) Limited & Christchurch
City Council
General
Proceeding
(Repairs)
Property at Queenspark Drive, Parklands. Damaged as a result of the 4 September 2010 Canterbury earthquake.
Policy under IAG. The plaintiffs say they made a claim with the first defendant, which was accepted, and it was
determined the house was uneconomic to repair. The plaintiffs entered into a contract to rebuild the house with the
third defendant. The plaintiffs make numerous allegations including a breach of contract against the first defendant as
the house has not been rebuilt to a condition as similar as possible to when new and seek the costs of demolition and
rebuilding the house against the first defendant, alternative accommodation costs and general damages of $50,000.
The plaintiffs claim the second defendant breached its obligations by failing to ensure the building work was carried
out in accordance with the appropriate standard and seek the costs of demolition and rebuilding the house against the
first defendant, alternative accommodation costs and general damages of $50,000. The same allegation is made
against the third defendant and the same remedy sought. The plaintiffs say the fourth defendant breached ts
obligations and seek the costs of demolition and rebuilding the house plus alternative accommodation costs and
$50,000 general damages. The plaintiffs say the fifth defendant was negligent as it failed to exercise its duty of care
when issuing the building consent. The plaintiffs seek the same remedy against the fifth defendant.
13/08/2015 Duncan Webb, Lane Neave: Plaintiffs
Rob Coltman/Oliver Collette-Moxon, Fortune
Manning, First Defendant
Scott Galloway, Hazelton Law:- Second
Defendant
Greg Hair, Malley and Co:- Third Defendant
Kiri Harkess, McElroys:- Fourth Defendant
Helen Rice, Rice and CO Lawyers, Fifth
Defendant
YES DISCONTINUED 30/11/2016
CIV-2015-409-000486 White & Ors v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Huntsbury Avenue, Huntsbury. Covered under AMI policy. Damaged in September 2010 and
February/December 2011. The plaintiffs say they have received payment from EQC. The plaintiffs say the defendant
has breached its policy obligations because it has failed to provide a reinstatement strategy. The plaintiffs allege the
defendant has failed with a reasonable time to elect whether it would reinstate or pay the cost of reinstatement. The
plaintiff claims $884,527.88 (plus damages, interest and costs) from the defendant.
4/08/2015 Grant Shand:- Plaintiffs
Morgan Powell/Lara Mannis:- Bell Gully,
Defendant
YES DISCONTINUED 26/03/2018
CIV-2015-409-000437 Zhen & Hu v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Coronation Street, Spreydon. Damaged in September 2010 and February 2011. Covered under AMI
policy. The plaintiffs say they have received no payment for the damage to the residential building from the first or
second defendants. The plaintiffs say the house must be rebuilt at a cost of $583,809.81. The plaintiffs claim
$227,000 plus damages, interest and costs from the first defendant and $344,374.59 plus damages, interest and
costs from the second defendant.
2/07/2015 Grant Shand:- Plaintiffs
J Knight/R Dixon:- Chapman Tripp, First
Defendant
Peter Leman/S Swinerd:-DLA Piper, Second
Defendant
YES DISCONTINUED 17/02/2017
CIV-2015-409-000435 FM Custodians Limited v IAG
New Zealand Limited
General
Proceeding
Building at Lichfield Street, Central Christchurch. Covered under an NZI policy for material damage and business
interruption between the periods of 1 June 2010/2011 and 2011/2012. Damaged in September 2010 and
subsequently damaged further by other earthquakes. The plaintiff has obtained reports from engineers, architects and
other experts. The plaintiff says the building is damaged but not destroyed therefore the defendant must pay the cost
of restoration. The plaintiff seeks a declaration that the amount payable is to be calculated in accordance with the
views of its expert reports. The plaintiff also seeks interest and costs.
3/07/2015 Ed Bayley:- Rhodes & Co, Plaintiff
Catherine Jamieson:- Young Hunter,
Defendant
YES DISCONTINUED 21/06/2018
CIV-2015-409-000419 Cheng & Ors v Certain
Underwriters at Lloyds
General
Proceeding
Claim in respect of a building on Colombo Street, Christchurch Central. Covered under a $2,300,000 (excl GST) sum-
insured policy for the periods 16 March 2010/2011 and 2011/2012. The plaintiff says the policy operates on a per-
event, automatic reinstatement basis. The plaintiff says the building was damaged in September 2010 and
February/June/December 2011. The plaintiff says the cost to reinstate in accordance with the policy (with an
equivalent building) will cost $10,275,200. The plaintiff claims up to $2,300,000 (plus GST) per event for the indemnity
value repair or replacement of the building limited by the sum-insured plus interest and costs.
22/06/2015 Andrew Hooker:- Shine Lawyers, Plaintiffs
Frank Rose:- Keegan Alexander, Defendant
YES DISCONTINUED 03/11/2017
CIV-2015-409-000418 A.S.K. Limited v IAG New
Zealand Limited & Earthquake
Commission
General
Proceeding
Claim in respect of a house at Grafton Street, Waltham. Covered under an IAG policy. Damaged in September 2010
and February 2011. The plaintiff says the scope of works prepared by the second defendant is insufficient to meet the
obligations under Earthquake Commission Act 1993 and the policy of insurance with the first defendant. The plaintiff
seeks a declaration that the second defendant (EQC) pays not less than $115,000 (plus interest and costs); and, an
order that the defendant pay the different between the EQC payment and the cost to rebuild or repair the house (plus
interest and costs).
22/06/2015 Andrew Hooker/Kate Sheehan:- Shine
Lawyers, Plaintiff
Ross Armstrong:- Young Hunter, First
Defendant
Steven Li:- Chapman Tripp, Second
Defendant
YES DISCONTINUED 14/07/2016
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2015-409-000385 Edwards v Tower Insurance
Limited
General
Proceeding
Property at Kinsey Terrace, Clifton. Covered under Tower policy. Damaged in February 2011. The plaintiffs say they
lodged a claim for earthquake damage with the defendant. The plaintiffs say the claim was made on the basis of
reports by a structural engineer and a quantity surveyor. The plaintiffs say Earthquake Commission has paid
$131,626.80 and the cost to repair is $930,767. The plaintiffs also seek their entitlement under the policy to stress
benefit, temporary accommodation and storage. The plaintiffs seek a declaration that the cost to repair is $930,767
and judgment for $831,140.20 plus interest and costs.
17/06/2015 Jo Appleyard:- Chapman Tripp, Plaintiff
Matthew Harris:- Gilbert Walker, Defendant
YES DISCONTINUED 24/02/2017
CIV-2015-409-000367 Grant v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Gloucester Street, Avonside. Covered under AMI policy. Damaged in September 2010, February 2011
and June 2011. The plaintiffs say the defendant has not adequately assessed the rebuild cost of the house. The
plaintiffs say the cost to rebuild will be $1,202,794. The plaintiffs have settled their claim with Earthquake Commission.
The plaintiffs claim $1,055,635.43 plus damages, interest and costs from the defendant.
12/06/2015 Grant Shand:- Plaintiffs
David Friar/Morgan Powell:- Bell Gully,
Defendant
YES DISCONTINUED 13/05/2016
CIV-2015-409-000352 Foster v Tower Insurance
Limited
General
Proceeding
Property at Drayton Drive, Mt Pleasant. Damaged in February and June 2011. Covered under Tower policy. The
plaintiffs were paid the statutory cap by EQC. The plaintiffs allege the repairs carried out by the defendant did not meet
the requisite standards under the insurance policy or relevant building laws. The plaintiffs seek: a declaration that the
house must be rebuilt; an order that the defendant pays the cost of rebuilding; professionals fees; damages of $1500
per week until the house is rebuilt; compensation for consequential losses; general damages; interest and costs.
9/06/2015 Kalev Crossland:- Shieff Angland, Plaintiffs
Matthew Harris:- Gilbert Walker, Defendant
YES DISCONTINUED 15/01/2019
CIV-2015-409-000332 Newbery v AA Insurance Limited General
Proceeding
The plaintiff owned a collection of Lladro figurines that were damaged in the earthquake on 22 February 2011. The
plaintiff says the figurines are covered under the normal insuring provisions of the contents policy with the defendant.
The defendant says the figurines are works of art and therefore subject to a maximum claim of $5000 per item and
$20,000 per event.
29/05/2015 Duncan Webb/Robin Kay:- Lane Neave,
Plaintiffs
Fran Darlow:- Jones Fee, Defendant
YES JUDGMENT - DEFENDED HEARING
08/10/2015
CIV-2015-409-000290 Jarman v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Royalist Avenue, New Brighton. Covered under AMI policy. Damaged in September 2010 and February
2011. The plaintiffs say the economic option is to rebuild at a cost of $655,684.12. The plaintiffs have been paid by
EQC. The plaintiffs claim $535,798.86 (plus damages, interest and costs) from the defendant.
14/05/2015 Grant Shand:- Plaintiffs
Peter Leman/Brad Cuff:- DLA Piper,
Defendant
YES DISCONTINUED 24/03/2017
CIV-2015-409-000288 Hyland & Borrell v Tower
Insurance Limited
General
Proceeding
Property at Stratford Street, Merivale. Covered under Tower policy. Damaged in September 2010. The plaintiffs say
the defendant elected to repair the house to a condition "as when new". The plaintiffs disputes the the defendants
assertions that the meaning of "as when new" is to a pre-earthquake condition and that the obligation to repair to an
"as new condition" is discharged by jacking and packing the foundations. The plaintiffs seek a declaration that the
defendant is obliged to pay for the costs to repair in accordance with an engineering report obtained by the plaintiffs.
The plaintiffs also seek costs.
13/05/2015 Stephen Rennie:- Rhodes & Co, Plaintiffs
Matthew Harris:- Gilbert Walker, Defendant
YES DISCONTINUED 02/12/2016
CIV-2015-409-000282 Neville v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Eureka Street, Aranui. Covered under AMI policy. Damaged in September 2010, February 2011 and June
2011. The plaintiff alleges the economic option is to rebuild at a cost of $524,238.31. The plaintiff claims $148,573.93
(plus damages, interest and costs) from the first defendant and $356,814.47 (plus damages, interest and costs) from
the second defendant.
12/05/2015 Grant Shand:- Plaintiffs
John Knight/Kate Rouch:- Chapman Tripp,
First Defendant
Karen Towt/Emily Walton:- Wynn Williams,
Second Defendant
YES DISCONTINUED 08/06/2016
CIV-2015-409-000281 Harris v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Birdwood Avenue, Beckenham. Covered under AMI policy. Damaged in September 2010 and February
2011. The plaintiffs have been paid by the Earthquake Commision. The plaintiffs allege the economic option is to
rebuild at a cost of $814,350.42. The plaintiffs claim $657,068.05 (plus damages, interest and costs) from the
defendant.
12/05/2015 Grant Shand:- Plaintiffs
Peter Leman/Shane Swinerd:- DLA Piper,
Defendant
YES DISCONTINUED 08/11/2016
CIV-2015-409-000254 Kennedy v IAG New Zealand
Limited & Pattersons
Insurerbuild Limited
General
Proceeding
Property at Richardson Terrace, Woolston. Damaged in September 2010 and February 2011. Covered under IAG
policy. The plaintiffs say the first defendant prepared numerous repair estimates and determined a repair price
indicating that the house could be uneconomic to repair. The plaintiffs say they were required by the first defendant to
sign a building contract with the second defendant. The plaintiff says the repair work did not meet the requisite
standards and resulted in delays, defects and incomplete repairs. In particular, the plaintiff alleges defective repairs to
the foundations and other structural elements of the house. The plaintiffs seek judgment in the sum of the cost to
rebuild the house, costs arising from delay, interest and other costs from the defendants.
5/05/2015 Graeme Riach/Tania Hutchinson:- Harmans,
Plaintiff
Ian Hunt:- Young Hunter, First Defendant
John Knight/Kate Rouch:- Chapman Tripp,
Second Defendant
YES DISCONTINUED 27/07/2017
CIV-2015-409-000238 France & Williams (as trustees)
v Earthquake Commission
General
Proceeding
Property at Naseby Street, Merivale. Insured under a State policy. Damaged in September 2010 and February 2011.
The plaintiffs say the defendants scope of repairs does not include repair of all the damage to the property. The
plaintiffs say that they cannot advance repairs with its insurer until resolution of its claim with the defendant. The
plaintiffs seek a declaration that the cost of remediating the damage is in excess of the maximum amount the
defendant is liable to pay. The plaintiffs also seek damages and costs.
23/04/2015 Kerry Williams/Dale Lester:- Plaintiffs YES DISCONTINUED 22/06/2015
CIV-2015-409-000230 Myall v Tower Insurance Limited General
Proceeding
Property at Aynsley Terrace, Hillsborough. A house stood on the property prior to the earthquakes. As a result of
damage sustained in the earthquakes the house was demolished. The house was a two-storey heritage building. The
property was covered under a Tower policy which provides for payment of present day value. The plaintiff says the
defendant has failed to pay present day value but instead has paid market value. The plaintiff seeks a declaration that,
inter alia, the defendant pay the plaintiff the present day value of the property. The plaintiff also seeks interest and
costs.
22/04/2015 Stephen Rennie/Ed Bayley:- Rhodes & Co,
Plaintiff
Matthew Harris:- Gilbert Walker, Defendant
YES JUDGMENT - DEFENDED HEARING
23/02/2017
COURT OF APPEAL MILESTONES:
CA142/17
Filed 27/3/17
Allowed in Part 4/12/17
Cross Appeal
Filed 6/4/17
Dismissed 4/12/17
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2015-409-000222 Young & Malley & Co Trustees
Limited v Tower Insurance
Limited
General
Proceeding
House at Craigeburn Lane, Mount Pleasant. Covered under a Tower policy. Damaged in September 2010 and
February 2011. The plaintiffs say the defendant has made a cash settlement offer of $362,084.84 for the full
replacement cost of repair. The plaintiff says the offer is insufficient to reinstate the property to a condition "as when
new" as required under the policy. The plaintiff says the defendant has not relied on its own expert report to determine
the appropriate repair methodology. The plaintiffs say the house must be rebuilt and the garage must be repaired. The
plaintiffs say the cost of reinstatement is $1,620,891.02. The plaintiff claims $1,620,891.02 (plus professionals fees,
temporary accommodation and storage costs and stress entitlements under the policy). The plaintiffs also claim
interest and costs.
17/04/2015 Jeremy Johnson/Peter Whiteside:- Wynn
Williams, Plaintiffs
Matthew Harris:- Gilbert Walker, Defendant
YES JUDGMENT - DEFENDED HEARING
07/12/2016
CIV-2015-409-000221 Kim v Earthquake Commission
& Southern Response
Earthquake Services Limited
General
Proceeding
Property at Charles Street, Waddington, Canterbury. Covered under AMI policy. Damaged in September 2010. The
plaintiffs say the economic option is to rebuild at a cost of $405,249.65. The plaintiffs claim $113,187.65 (plus
damages, interest and costs) from the first defendant and $290,249.65 (plus damages, interest and costs) from the
second defendant.
17/04/2015 Grant Shand:- Plaintiffs
John Knight/Kate Rouch:- Chapman Tripp,
First Defendant
David Friar:- Bell Gully, Second Defendant
YES DISCONTINUED 04/09/2017
CIV-2015-409-000193 Scoles v Tower Insurance
Limited
General
Proceeding
Property at Trescastle Lane, Huntsbury. Covered under Tower policy. Damaged in September 2010 and February
2011. The plaintiffs say repair is impractical therefore the house must be rebuilt at a cost of $1,529,984.15. The
plaintiffs have been paid overcap payments by Earthquake Commission. The plaintiffs claim $1,233,161.50 plus
damages, interest and costs from the defendant.
10/04/2015 Chris Boys:- AssureLegal, Plaintiffs
Matthew Harris:- Gilbert Walker, Defendant
YES DISCONTINUED 23/11/2016
CIV-2015-409-000177 Bell Lamb and Trotter Funeral
Directors Limited v IAG New
Zealand Limited
General
Proceeding
Commercial building on Ferry Road. The building was damaged in September 2010, February 2011, June 2011 and
December 2011. The building was covered by a policy of insurance with a sum insured of $1,500,000. The plaintiff
was insured for extra costs of working of $30,000. The policy covered the periods May 2011-May 2012 and May 2012-
May 2013. The plaintiff says the defendant has not adhered to the terms of the Fair Insurance Code and the
contractual duty of good faith. The plaintiff claims from the defendant the depreciated cost of repair of $5,364,158.44
(including GST plus inflation), professional fees of $31,499.39, increased working costs of $6362.40, interest and
costs.
1/04/2015 Stephen Rennie:- Rhodes & Co, Plaintiff
Caroline Laband:- DLA Piper, Defendant
YES DISCONTINUED 28/05/2018
CIV-2015-409-000159 Fourie v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Corfe Street, Ilam. Covered under AMI policy. Damaged in February 2011. The plaintiffs were assigned
insurance claims, rights and proceedings by the original proprietors of the property. The plaintiffs say the cost to
remediate the property is $586,564.39. The plaintiffs claim $101,013.68 (plus damages, interest and costs) from the
first defendant and $471,564.39 (plus damages, interest and costs) from the second defendant.
25/03/2015 Grant Shand:- Plaintiffs
John Knight/Rebekah Dixon:-Chapman
Tripp, First Defendant
David Friar/Olivia Newman:- Bell Gully,
Second Defendant
YES DISCONTINUED 12/08/2016
CIV-2015-409-000136 Harris v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Birdwood Avenue, Beckenham. Covered under AMI policy. Damaged in September 2010 and February
2011. The plaintiffs allege the cost to remediate the house to an "as new" condition is $616,706.82. The plaintiffs
claim $166,606.22 (plus damages, interest and costs) from the first defendant and $440,036.14 (plus damages,
interest and costs) from the second defendant.
30/04/2015 Grant Shand:- Plaintiffs
John Knight/Sarah Quilliam-Mayne:-
Chapman Tripp, First Defendant
Peter Leman/Shane Swinerd:- DLA Piper,
Second Defendant
YES DISCONTINUED 08/11/2016
CIV-2015-409-000115 Abbott v Medical Assurance
Society New Zealand
General
Proceeding
Property at Carlton Mill Road, Merivale. Covered under a MAS policy. The plaintiff alleges the insurer breached the
Fair Insurance Code by delaying and preventing payment. The plaintiff says the defendant has placed unreasonable
conditions on payment which are not reflected in the policy. The plaintiff alleges the insurers delay is an attempt to
develop an alternative cheaper repair methodology rather than proceed with reinstatement. The plaintiff estimates the
cost to rebuild is $7,152,333. The plaintiff claims $5,582,183 plus additional sums for increased building costs, interest
and costs.
6/03/2015 Stephen Rennie:- Rhodes & Co, Plaintiff
Andrew Horne/Nick Frith:- Minter Ellison
Rudd Watts, Defendant
YES DISCONTINUED 08/02/2019
CIV-2015-409-000061 Elley v Earthquake Commission
& Southern Response
Earthquake Services Limited
General
Proceeding
Property at Avoca Valley Road, Heathcote Valley. Covered under AMI policy. Damaged in February 2011. The plaintiff
says the property was issued with a notice under s 124 of the Building Act 2004. The property is classified as red
zone. The plaintiff says the house cannot legally be repaired or rebuilt. The plaintiff says the house has suffered a total
loss because the house has been so damaged as to lose its function as a home, repairs are impractial, reinstatement
of the home is prohibited and the house is to be demolished. The plaintiff says the cost to rebuild the home is
$786,027.02. The plaintiff claims $57,656.80 (plus damages, interest and costs) from the first defendant and
$671,027.02 (plus damages, interest and costs) from the second defendant.
10/02/2015 Grant Shand:- Plaintiffs
John Knight:-Chapman Tripp, First
Defendant
David Friar/Olivia Newman:- Bell Gully,
Second Defendant
YES DISCONTINUED 18/11/2015
CIV-2015-409-000038 Ashby v Tower Insurance
Limited
General
Proceeding
Property at Ava Place, Dallington. Covered under ANZ policy. Damaged in September 2010 and February 2011. The
property is red-zoned. The plaintiffs elected to sell the land to the Crown. The plaintiff says the defendant offered to
pay the notional repair cost of the property as if it were located on good ground. The plaintiff says the property is
damaged beyond economic repair and will cost $506,333.14 to rebuild. The plaintiffs seek orders that they are entitled
to receive the sum equivalent to the cost of buying another house, or in the alternative the cost of rebuilding the house
on its present site, up to $506,333.14 less EQC payments. The plaintiffs also seek professional fees incurred to date
and costs.
2/02/2015 Richard Lynn:- GCA Lawyers & Terry
Sissons (Barrister), Plaintiffs
Martin Smith/Alexander Ho:- Gilbert Walker,
Defendant
YES DISCONTINUED 10/07/2015
CIV-2015-409-000026 O'Leary v Earthquake
Commission & Lumley General
Insurance (NZ) Limited
General
Proceeding
Property at Richmond Hill Raod, Richmond Hill. Covered under Lumley policy. Damaged in September 2010 and
February 2011. The plaintiffs say the assessments and repair methodologies proposed by the defendants do not meet
the defendants obligations under Earthquake Commission Act 1993 and the insurance policy. The plaintiffs say the
cost to repair is $691,547.00 plus GST. The plaintiffs claim orders for the amount payable under the Act (plus
damages, interest and costs) from the first defendant and orders for the amount payable under the insurance policy
(plus damages, interest and costs) from the second defendant.
27/01/2015 Andrew Hooker:- Shine Lawyers, Plaintiffs
John Knight:-Chapman Tripp, First
Defendant
Peter Leman/Brad Cuff:- DLA Piper, Second
Defendant
YES DISCONTINUED 09/03/2017
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2015-404-003170 Telsen Properties Limited v IAG
New Zealand
General
Proceeding
Property at Salisbury Street, Christchurch Central. Damaged in 4 September 2010 and February 2011. Policy under
IAG. The plaintiff says the defendant has not met its obligations under the policy by offering to settle the plaintiff's claim
for a lower rebuild amount than what the cost of the rebuild is (in addition to other omissions). The plaintiff seeks
$1,948,540.45 for rebuild costs, (plus lost rent, damages, interest and costs). Alternatively, the plaintiff seeks a
declaration that the defendant is liable to pay to the plaintiffs the full replacement cost of rebuilding the house to a
condition as similar as possible to when new, up to a maximum of $1,948,540.45 (plus lost rent, damages, interest
and costs).
15/03/2016 Tania Hutchinson:- Saunders & Co, Counsel
for plaintiff
David Mahon/Paul Smith:- Duncan Cotterill,
Defendant
YES DISCONTINUED 16/10/2017
CIV-2015-404-003100 Steedman v Tower Insurance
Limited
General
Proceeding
Property at Parnwell Street, Burwood. Covered under a National Bank policy. Damaged in September 2010 and
February 2011. The plaintiffs say the economic option is to rebuild and the cash payment made by the defendant is
insufficient to completely remediate the damage to the house. The plaintiffs seek $644,578.24 (plus damages,
temporary accommodation, interest and costs) from the defendant.
23/02/2016 Grant Shand:- Plaintiffs
Martin Smith:- Gilbert Walker, Defendant
YES DISCONTINUED 27/07/2017
CIV-2015-404-002602 Calder v IAG New Zealand
Limited
General
Proceeding
(transferred from
the Auckland
registry)
Property at Mermaid Place, Southshore. Covered under a PEP Supersurance policy. Damaged in September 2010
and February 2011. The plaintiff has received an over-cap payment from Earthquake Commission. The plaintiff says
the economic option is to rebuild at a cost of $1,025,203.91 but the defendant has offered to repair the house by
replacing the foundation at a cost of $228,709.10. The plaintiff claims $904,101.87 (plus damages, interest and costs)
from the defendant.
30/10/2015 Grant Shand:- Plaintiffs
Stephanie Grieve:- Duncan Cotterill,
Defendant
YES DISCONTINUED 09/11/2016
CIV-2015-404-002569 Mackay & CKLaw Trustees
Limited v IAG New Zealand
Limited
General
Proceeding
(transferred from
the Auckland
registry)
Property at Bower Avenue, Parklands. Covered under State policy. Damaged in February 2011. The plaintiffs say they
have received an over-cap payment from Earthquake Commission. The plaintiffs say the economic option is to rebuild
at a cost of $1,470,746 but the defendant has estimated the cost to repair is $464,443.52. The plaintiffs claim
$1,355,746 (plus $1000 stress payment, damages, interest and costs).
28/10/2015 Grant Shand:- Plaintiffs
Chris Hlavac:- Young Hunter, Defendant
YES DISCONTINUED 08/08/2017
CIV-2015-404-002532 Corbishley & Garlick v IAG New
Zealand Limited & Earthquake
Commission
General
Proceeding
(transferred from
the Auckland
registry)
Property at Monalua Avenue, Diamond Harbour. Covered under ASB Bank policy. Damaged in February 2011. The
plaintiffs say the economic option is to rebuild at a cost of $984,793. The plaintiffs say the first and second defendants
have not made payment or settle the plaintiffs insurance claim. The plaintiffs claim $869,793 (plus $1000 stress
payment, damages, interest and costs) from the first defendant and $113,850 (plus damages, interest and costs) from
the second defendant.
22/10/2015 Grant Shand:- Plaintiffs
Rob Coltman/Adam de Hamel:- Fortune
Manning, First Defendant
John Knight/Gabrielle Scott-Jones:-
Chapman Tripp, Second Defendant
YES STRUCK OUT 12/04/2018
CIV-2015-404-002090 Lamb v Tower Insurance
Limited & Earthquake
Commission
General
Proceeding
(transferred from
the Auckland
registry)
Property at Lake Terrace Road, Burwood. Covered under Tower policy. Damaged in December 2010 and February
2011. The plaintiffs say the house was not returned to the same condition and extent as when new despite the
Fletcher Construction Company Ltd conducting post-earthquake repairs. The plaintiffs say the economic option is to
rebuild the house at a cost of $668,141.47. The plaintiffs claim $420,954.95 (plus damages, interest and costs) from
the first defendant and $227,700 (plus damages, interest and costs) from the second defendant.
4/09/2015 Grant Shand:- Plaintiff
Martin Smith/Olga Ostrovsky:- Gilbert
Walker, First Defendant
John Knight/Kate Rouch:- Chapman Tripp,
Second Defendant
YES DISCONTINUED 22/02/2017
CIV-2015-404-002088 Deo Gratias Developments
Limited v Tower Insurance
Limited & Earthquake
Commission Limited
General
Proceeding
(transferred from
the Auckland
registry)
Property at Windermere Road, Papanui. Covered under National Bank policy. Damaged in September 2010 and
February 2011. The plaintiff says the defendants repair strategy is insufficient to reinstate the building to the requisite
policy standard because the foundations must be replaced. The plaintiff says the cost to repair the building is
$1,096,683.93. The plaintiff claims $866,683.93 (plus interest and costs) from the first defendant and $227,700 (plus
interest and costs) from the second defendant.
4/09/2015 Grant Shand:- Plaintiff
Matthew Harris/Thomas Joseph:- Gilbert
Walker, First Defendant
Nicole Evans:- Chapman Tripp, Second
Defendant
YES DISCONTINUED 08/09/2017
CIV-2015-404-001785 Mori Property Investments
Limited v IAG New Zealand
Limited & Earthquake
Commission Limited
General
Proceeding
(transferred from
the Auckland
registry)
Property at Ingrid Street, Parklands. Covered under State policy. Damaged in September 2010 and February 2011.
The plaintiff says the repair methodology proposed by the defendant in insufficient to reinstate the house to its "when it
was new" condition; and, the costs associated with any repairs will exceed the defendants estimates. The plaintiff says
the economic option is to rebuild at a cost of $829,486.47. The plaintiff claims $686,366.88 (plus $1000 stress
payment, interest and costs) from the first defendant and $139,155.74 (plus interest and costs) from the second
defendant.
7/08/2015 Grant Shand:- Plaintiffs
Catherine Jamieson/Megan Gall:- Young
Hunter, First Defendant
John Knight/Jeremy Upson:- Chapman
Tripp, Second Defendant
YES DISCONTINUED 28/10/2016
CIV-2015-404-001784 East Side Housing Limited v IAG
New Zealand Limited
General
Proceeding
(transferred from
the Auckland
registry)
Property at Birmingham Drive, Middleton. Covered under NZI policy. Damaged in September 2010 and February
2011. The plaintiff says the repair methodology proposed by the defendant in insufficient to reinstate the house to its
"when it was new" condition. The plaintiff has received over-cap payments from EQC. The plaintiff says the economic
option is to rebuild the house at a cost of $1,001,854.09. The plaintiff claims $852,691.82 (plus $1000 stress
payment, interest and costs) from the defendant.
6/08/2015 Grant Shand:- Plaintiffs
Catherine Jamieson:- Young Hunter,
Defendant
YES DISCONTINUED 23/11/2015
CIV-2015-404-001632 Wroblewski & Wheeler v IAG
New Zealand Limited &
Earthquake Commission
General
Proceeding
(transferred from
the Auckland
registry)
Property at Swanns Road, Richmond. Covered under a Co-operative Bank policy. Damaged in February 2011. The
plaintiffs say they have not received from the defendants substantive payments for earthquake damage to the house.
The plaintiffs say the economic option is to rebuild at a cost of $542,049.63. The plaintiffs claim $427,049.63 plus
$1,125 stress payment, damages, interest and costs from the first defendant and $81,617.90 plus damages, interest
and costs from the second defendant.
16/07/2015 Grant Shand:- Plaintiffs
Stephanie Grieve:- Duncan Cotterill, First
Defendant
Jared Holt:- Chapman Tripp, Second
Defendant
YES DISCONTINUED 31/05/2016
CIV-2015-404-001511 Tarling v IAG New Zealand
Limited & Earthquake
Commission
General
Proceeding
(transferred from
the Auckland
registry)
Property at Mays Road, St Albans. Covered under NZI policy. Damaged in September 2010 and February 2011. The
plaintiff says it has not received payment from the first or second defendants. The plaintiff says the economic option is
to rebuild at a cost of $915,793.01. The plaintiff claims $206,568.01 plus damages, interest and costs from the
second defendant (EQC) and $685,793.01 plus damages, interest and costs from the second defendant.
1/07/2015 Grant Shand:- Plaintiffs
Laura McLoughlin-Ware/Willie Hamilton:-
Duncan Cotterill, First Defendant
Rebeka Dixon:-Chapman Tripp, Second
Defendant
YES DISCONTINUED 29/09/2016
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2015-404-001510 Hawford Trustee Limited & Ors v
IAG New Zealand & Earthquake
Commission
General
Proceeding
(transferred from
the Auckland
registry)
Property at Hawford Road, Opawa. Covered under NZI policy. Damaged in September 2010 and February/June
2011. The plaintiffs say they have not received substantive payments for earthquake damage from the defendants.
The plaintiffs say the defendants current position is that the plaintiffs claims are under-cap. The plaintiffs say the
economic option is to rebuild the property at a cost of $691,804.04. The plaintiffs claim $227,700 plus damages,
interest and costs from the second defendant (EQC) and $461,804.04 plus damages, interest and costs from the first
defendant.
1/07/2015 Grant Shand:- Plaintiffs
Sarah Quilliam-Mayne:- Chapman Tripp,
First Defendant
Laura McLoughlin-Ware/Willie Hamilton:-
Duncan Cotterill, Second Defendant
YES DISCONTINUED 28/04/2017
CIV-2015-404-001490 Notley v Tower Insurance
Limited
General
Proceeding
(transferred from
the Auckland
registry)
Property at Pinewood Close, Swannanoa. Damaged in September/December 2010 and February/December 2011.
Covered under Tower policy. EQC has paid an over-cap payment to the plaintiffs. The plaintiffs say the defendant has
underestimated the work required to reinstate the property to the condition required under the policy. In particular the
plaintiff says the foundation must be replaced and rebuilt. The plaintiffs say the cost to reinstate is $568,372.06. The
plaintiffs claim $446,238.52 plus damages, interest and costs from the defendant.
29/06/2015 Grant Shand:- Plaintiffs
Martin Smith/Olga Ostrovsky:- Gilbert
Walker, Defendant
YES DISCONTINUED 19/04/2017
CIV-2015-404-000621 Durie v IAG New Zealand
Limited & Earthquake
Commission
General
Proceeding
(transferred from
the Auckland
registry)
Property at Waratah Street, Avondale. Covered under State Insurance policy. Damaged in September 2010 and
February 2011. The plaintiff says the first defendant was under a duty to elect a settlement option within a reasonable
period of time. The plaintiff says the first defendant breached its duty to make an election within a reasonable time.
The plaintiff says the economic option is to repair the house at a cost of $517,560.15. The plaintiff claims $330,101.73
(plus $1000 stress payment, damages, interest and costs) from the first defendant and $157,501.83 (plus damages,
interest and costs) from the second defendant.
23/03/2015 Grant Shand:- Plaintiff
John Knight/David Green:-Chapman Tripp,
First Defendant
Chris Hlavac:- Young Hunter, Second
Defendant
YES DISCONTINUED 04/05/2016
CIV-2015-404-000273 Hancock v IAG New Zealand
Limited
General
Proceeding
(transferred from
the Auckland
registry)
Property at Gray Crescent, Kaiapoi. Covered under BNZ policy. Damaged in September 2010 and February 2011.
The plaintiffs say the economic option is to rebuild at a cost of $776,785.56. The plaintiffs claim $661,368.85 (plus
$2000 stress payment, damages, interest and costs) from the defendant.
13/02/2015 Grant Shand:- Plaintiffs
Veronica Cress/Misha Henaghan:- DLA
Piper, Defendants
YES DISCONTINUED 14/03/2016
CIV-2015-404-000229 Goldman & Dunn v IAG New
Zealand Limited & Earthquake
Commission
General
Proceeding
(transferred from
the Auckland
registry)
Property at Garlands Road, Hillsborough. Covered under IAG policy. Damaged in September 2010 and February
2011. The plaintiffs say the economic option is to rebuild at a cost of $884,636.51. The plaintiffs claim $$654,636.51
(plus $1000 stress payment, damages, interest and costs) from the first defendant and $227,700 (plus damages,
interest and costs) from the second defendant.
11/02/2015 Grant Shand:- Plaintiffs
Chris Hlavac/Megan Gall:- Young Hunter,
First Defendant
John Knight/Paula Gibbs:- Chapman Tripp,
Second Defendant
YES DISCONTINUED 08/06/2017
CIV-2015-404-000010 White v IAG New Zealand
Limited
General
Proceeding
(transferred from
the Auckland
registry)
Property at Portman Street, Woolston. Covered under a PEP Supersurance policy. Damaged in September 2010 and
February 2011. The plaintiff says the economic option is to rebuild the house at a cost of $562,414.86. The plaintiff
has been paid by Earthquake Commission. The plaintiff claims $445,373.37 (plus damages, interest and costs) from
the defendant.
6/01/2015 Grant Shand:- Plaintiff
Stephanie Grieve/Willie Hamilton:- Duncan
Cotterill, Defendant
YES DISCONTINUED 26/04/2016
CIV-2014-409-000922 Peka v Earthquake Commission
& Southern Response
Earthquake Services Limited
General
Proceeding
Property at Glenrowan Avenue, Avondale. Covered under AMI policy. Damaged in September 2010 and February
2011. The plaintiff says that a repair scope of works prepared by the defendants does not meet the obligation to repair
the house to an “as new” condition. The plaintiff alleges the cost to repair the house is $647,707.55 plus GST. The
plaintiff alleges the first and second defendants are in breach of their obligations under Earthquake Commission Act
1993 and insurance policy, respectively. The plaintiff seeks: An order for specific performance, or alternatively special
damages, to the limit under Earthquake Commission Act 1993 (plus damages, interest and costs) from the first
defendant, and; An order for specific performance, or alternatively special damages, between the maximum payable
by the first defendant and the amount payable under the policy (plus damages, interest and costs) from the second
defendant.
23/12/2014 Andrew Hooker:- Shine Lawyers, Plaintiff
John Knight/Jared Holt:- Chapman Tripp,
First Defendant
Emily Walton:- Wynn Williams, Second
Defendant
YES DISCONTINUED 26/02/2016
CIV-2014-409-000920 Emmons Developments New
Zealand Limited v Mitsui
Sumitomo Insurance Co Limited
& Vero Insurance New Zealand
Limited
General
Proceeding
Claim in respect of business interruption insurance provided by the defendants. The claim arises from damage to the
Grant Thornton building, Rydges Hotel and the Christchurch City Counsel Car Park. The issues for the Court are: (1)
Whether the plaintiffs business was interrupted in consequence of damage by the earthquakes; (2) Whether the
plaintiff continued to be paid rent for Rydges Hotel following the earthquakes; (3) Whether any exclusions apply to the
policy in respect of the remaining buildings; (4) Whether the plaintiff lost rent as a result of the earthquakes; (5) What
effect the CBD cordon had on loss of rent; (6) Whether the defendants are in breach of the policy by failing to pay.
The plaintiff claims $5,029,859 (plus GST), interest and costs from the defendant.
22/12/2014 Peter Woods:- Anthony Harper, Plaintiff
Grant MacDonald/Misha Henaghan:- DLA
Piper, Defendants
YES DISCONTINUED 20/05/2016
CIV-2014-409-000919 Baker Boys Limited &
Dawnbake Enterprises Limited v
All Risks Insurance Limited &
Andrews
General
Proceeding
The second plaintiff owns buildings at Helanca St, Wainoni and Tahuna St, Wainoni. The first plaintiff leased a
building at Ferry Rd, Ferrymead. The buildings were damaged in the earthquakes. The plaintiffs say in August 2010
the defendant insurance brokers proposed to carry out a review of the plaintiffs’ insurance cover. The plaintiffs say the
new insurer recommended by the defendants went into voluntary liquidation following the earthquakes in
Christchurch. The liquidators of the new insurer advise that the insurance claims can only be partially met. The
plaintiffs allege breach of duty of care, breach of contract, breach of the Fair Trading Act 1986 and breach of fiduciary
duty. The plaintiffs claim damages for losses they have suffered as a result of the defendants’ allege breaches in an
amount to be quantified before trial, interest and costs.
22/12/2014 Glen Ryan:- White Fox & Jones, Plaintiffs
Mark Dennet:- Kennedys Law, First
Defendant
Garth Galloway/Emily Whiteside:- Chapman
Tripp, Second Defendant
YES DISCONTINUED 23/10/2015
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2014-409-000898 Body Corporate 397879 v IAG
New Zealand Limited and
Earthquake Commission
General
Proceeding
The plaintiff is a body corporate in respect of a building at Carlton Mill Road, Merivale. The building was covered under
two twelve month policies of insurance with the defendant which provided cover for material damage to a sum-insured
amount. The plaintiff says the defendant has breached the Fair Insurance Code by failing to investigate, assess and
settlement any claim quickly, fairly, reasonably and evenly. The plaintiff also says the defendant: failed to make a
progress payment; failed to pay indemnity value assessed as the depreciated replacement cost; failed to adhere to its
obligations under the Fair Insurance Code; failed to pay claim preparation expenses and professional fees, and;
delayed settlement to the prejudice of the plaintiff. The plaintiff seeks declarations that, inter alia, that: the amount of
indemnity owed under the policies is payment on depreciated cost of repair per event up to the sum insured minus
EQC payments; the withheld depreciation is due once repairs are incurred. The plaintiff also seeks damages, interest
and costs.
17/12/2014 Andrew Hooker:- Shine Lawyers, Plaintiff
Chris Hlavac:- Young Hunter, Defendant
Anna Kraack: - Chapman Tripp, Second
Defendant
YES DISCONTINUED 09/04/2019
CIV-2014-409-000894 Columbus Property Holdings
Limited v IAG New Zealand
Limited & Vero Insurance (N.Z.)
Limited & Lumley General
Insurance (N.Z.) Limited &
Allianz New Zealand Limited and
Allianz Australia Insurance
Limited (successor in interest to
Allianz NZ Limited)
General
Proceeding
Commercial building at Cambridge Terrace. The building was damaged by earthquakes in September 2010, February
2011, June 2011 and December 2011. The building was covered proportionately between the defendants under a
policy for material damage and business interruption for rents receivable during August 2010-2011 and material
damage during August 2011-2012. The plaintiff says, inter alia, that: the building was damaged but not destroyed; the
amount of insurance available for each earthquake event is the sum insured; coverage includes a range of other costs
and fees; excess must be deducted from the loss rather than the sum insured; the defendants are liable for business
interruption losses and claims preparation expenses, and; the defendants are presently liable to pay indemnity value
calculated as the depreciated cost of repairs per event up to the sum insured. The plaintiff argues that the defendants
have breached the Fair Insurance Code and failed to make any payment notwithstanding acceptance of liability under
the policies. The plaintiff seeks: Judgment for material damage of $36,408,883.16; Declarations in respect of
calculation of available entitlements under the policies; interest, and costs.
16/12/2014 Richard Smedley:- Anthony Harper, Plaintiff
Stephanie Grieve:- Duncan Cotterill,
Defendants
YES DISCONTINUED 09/07/2018
CIV-2014-409-000892 Hale v Earthquake Commission
& Southern Response
Earthquake Services Limited
General
Proceeding
Property at Valecrest Avenue, Parklands. Covered under AMI policy. Damaged in September 2010 and February
2011. The plaintiffs allege the economic option is to rebuild at a cost of $945,330.68. The plaintiff claims $207,437.74
plus damages, interest and costs from the first defendant and $735,797.61 plus damages, interest and costs from the
second defendant.
12/12/2014 Grant Shand, Plaintiffs
John Knight/Jared Holt:- Chapman Tripp,
First Defendant
DJ Friar/Morgan Powell:-Bell Gully, Second
Defendant
YES DISCONTINUED 04/10/2016
CIV-2014-409-000882 South City Limited v Lumley
General Insurance (N.Z.)
Limited
General
Proceeding
The plaintiff owns South City Shopping Centre. The Shopping Centre was insured under a Lumley policy over two
twelve-month policy periods between June 2010 and June 2012. The plaintiff alleges the Shopping Centre was
damaged by earthquake events in September 2010, February 2011, June 2011 and December 2011. The plaintiff
says it has obtained detailed engineering reports that specify the repair work required to restore the damaged parts of
the Shopping Centre to standard required under the Material Damage policy. The plaintiff says to date the defendant
has provided a conceptual scope of repairs for one building comprising the Shopping Centre but has otherwise failed
to approve substantive repair works or propose alternate repair works. Further, the plaintiff alleges failure on the part
of the defendant to meet its obligations for insurance against Business Interruption. The plaintiff seeks an order for
specific performance to approve and pay for the required repair works including works to comply with building
regulations, or; replace the respective buildings with equivalent buildings. The plaintiff also seeks $619,998 for
financial loss; an order that the defendant pay additional loss of rent in respect of one of the buildings; interest, and;
costs.
4/12/2014 Hugh Matthews:- White Fox and Jones,
Plaintiff
Craig Langstone/Bradley Alcorn:- Jonesfee,
Defendant
YES DISCONTINUED 21/12/2017
CIV-2014-409-000879 Harrison v Tower Insurance
Limited
General
Proceeding
Property at Glenrowan Avenue, Avondale. Covered under Tower policy. Damaged in September 2010 and February
2011. The plaintiff alleges the assessment and resulting scope of repair works is insufficient to meet the defendant’s
obligation to repair the house to the same condition and extent as when new. The plaintiff asserts the cost to repair
the house is $845,420 plus GST. The plaintiff seeks an order that the defendant specifically perform its duties by
paying the difference between the amount paid by Earthquake Commission and the amount payable under the policy,
or alternatively; Special damages in the amount of the difference between the amount paid by Earthquake
Commission and the amount payable under the policy. The plaintiff also seeks damages, interest and costs.
8/12/2014 Andrew Hooker:- Shine Lawyers, Plaintiff
Matthew Harris:- Gilbert Walker, Defendant
YES DISCONTINUED 15/12/2015
CIV-2014-409-000878 Ireland v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Paparoa Street, Papanui. Covered under IAG policy. Damaged in September 2010 and February 2011.
The plaintiffs allege the assessment and resulting scope of repair works is insufficient to meet the defendants’
obligation to pay the cost of repairing or rebuilding the house to a condition as similar as possible to when it was new
using current building materials and methods. The plaintiffs assert the cost to repair or rebuild the house is $368,115
plus GST. The plaintiffs seek an order that the first defendant specifically perform its duties pursuant to Earthquake
Commission Act 1993 by paying for the cost to repair up to the limit under the Act, or alternatively; Special damages in
the amount of the cost to repair the house up to the limit under the Act. Further, the plaintiffs seek an order that the
second defendant specifically perform its duties pursuant to the policy by paying the difference between the amount
payable by the first defendant and the amount payable under the policy, or alternatively; Special damages to the same
amount. The plaintiffs also seek against both defendants general damages, loss of earnings, costs and interest.
8/12/2014 YES DISCONTINUED 11/11/2015
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2014-409-000868 Henderson & Freeman v
Southern Response Earthquake
Services Limited
General
Proceeding
The plaintiffs are proprietors of a property and improvements at Prossers Road, Christchurch. The property was
covered under an AMI house policy and the contents were covered under an AMI contents policy. The property was
damaged in September 2010 and February 2011. EQC paid cap payments for the respective claims. The plaintiffs
sought cash settlement from the defendant. The defendant calculated a cash settlement based on a repair analysis
which was inaccurate according to the plaintiffs. The plaintiffs obtained an engineering report and made provided
quotes based on an alternate repair methodology. The defendant provided a further repair analysis which the plaintiffs
say is inconsistent with engineering advice. The defendant provided a further repair analysis which the plaintiffs say is
inconsistent with engineering advice and the entitlements under the policy. Accordingly, the plaintiffs obtained a report
by a quantity surveyor to identify the cost to repair the property and other entitlements under the policy. The plaintiffs
seek a declaration that the cost to repair the property is $836,242.30; that the defendant must pay $669,277.51, and;
costs.
3/12/2014 Simon Munro/Jonathan Nicolle:- Anderson
Lloyd, Plaintiffs
Peter Leman/Shane Swinerd:- DLA Piper,
Defendant
YES DISCONTINUED 12/06/2015
CIV-2014-409-000855 Bowenvale Estate Limited v
Earthquake Commission & IAG
New Zealand Limited
General
Proceeding
Property at Bowenvale Avenue, Cashmere. Covered under IAG policy. Damaged in September 2010 and February
2011. The plaintiff says the first defendant has offered to pay $9,103.09 and $58,987.57 for each respective claim.
The plaintiff alleges that its expert reports suggest it will cost $551,051.25 to repair the house. The plaintiff claims the
first and second defendants have breached their respective insurance obligations and their utmost duty of good faith
to the plaintiff. The plaintiff claims $551,051.25 (plus interest, damages and costs) from the defendants.
26/11/2014 Duncan Webb/Michael Bendall:- Lane
Neave, Plaintiff
John Knight/Steven Li:- Chapman Tripp,
First Defendant
Grant Macdonald/Anna Robinson :-DLA
Piper, Second Defendant
YES DISCONTINUED 18/05/2017
CIV-2014-409-000852 Botting v IAG New Zealand
Limited
General
Proceeding
Property at Wairarapa Terrace, Fendalton. Covered under NZI policy. The plaintiff says it has received an over-cap
payment from EQC for the September 2010 and February 2011 earthquakes. The plaintiff says the defendant, in
making an offer to settle the claims, has not taken into account the repair methodologies proposed by its own experts.
The plaintiff alleges breach of contract, breach of duty of good faith and breach of implied term to settle in a
reasonable time. The plaintiff claims rebuild costs of $1,660,772.50 (plus damages, interest and costs).
24/11/2014 Graeme Riach/Tania Hutchinson:- Harmans,
Plaintiff
Peter Leman/Brad Cuff DLA Piper,
Defendant
YES DISCONTINUED 18/03/2016
CIV-2014-409-000849 Telfer Electrical Limited & Telfer
Properties Limited & Vero
Insurance New Zealand Limited
General
Proceeding
Property at Fitzgerald Avenue, Christchurch Central. Covered under a policy with the defendant. The plaintiffs
insurance cover was arranged by a broker. The property, a commercial buidling, was damaged by earthquakes that
occurred on September 2010, December 2010, February 2011 and June 2011. The defendant commissioned
numerous engineering reports identifying the natural disaster damage and suitable repair methods for the property.
The plaintiff alleges that prior to settlement the defendant incurred costs of assessments and attempted repairs, then
sought to deduct these from the final settlement amount. Further, the plaintiff alleges that the defendant incorrectly
deducted excess from the total sum insured instead of the total loss. The plaintiff seeks judgment for four sums
totalling $261948.41 (plus interest and costs).
13/11/2014 Simon Munro/Glen Cooper:- Anderson
Lloyd, Plaintiffs
Peter Hunt/Rachel Scott: McElroys,
Defendant
YES DISCONTINUED 30/10/2015
CIV-2014-409-000798 Robinson v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Gayhurst Road, Dallington. Covered under State policy. Damaged in September 2010, February 2011
and June 2011. The plaintiff alleges the economic option is to rebuild at a cost of $1,214,204.45. The plaintiff claims
$287,803.12 (plus damages, interest and costs) from thefirst defendant and $925,794.24 (plus damages, interest and
costs) from the second defendant.
7/11/2014 Grant Shand :- Plaintiffs
John Knight/Paula Gibbs:- Chapman Tripp,
First Defendant
Stephanie Grieve/Laura McLoughlin-Ware:-
Duncan Cotterill, Second Defendant
YES DISCONTINUED 13/10/2016
CIV-2014-409-000793 Wansbrough Trustees Limited &
Ors v Tower Insurance Limited
General
Proceeding
Property at Dyers Pass Road, Cashmere. Covered under Tower policy. Damaged in September 2010, February
2011, June 2011 and December 2011. The plaintiffs allege the defendant has commited breach of contract and
breach of duty of utmost good faith. In particular, the plaintiffs say the defendant failed to: promptly assess the
property; provide the plaintiffs with a fair settlement of their claims within a reasonable time, and; act reasonably and
fairly to calculate the full replacement cost in accordance with the policy. The plaintiffs seek under the Declaratory
Judgments Act 1908 a declaration that the defendant must pay the plaintiffs the difference between EQCover and the
full replacement value of the property, or in the alterantive; special damages for the same. The plaintiffs also seek
damages and costs.
6/11/2014 Richard Johnstone:- Wynn Williams,
Plaintiffs
Martin Smith:- Gilbert Walker, Defendant
YES DISCONTINUED 17/07/2015
CIV-2014-409-000778 Knowles v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Upland Road, Hoon Hay. Covered under AMI policy. Damaged in February 2011. The plaintiff alleges the
economic option is to rebuild at a cost of $837,374.28. The plaintiff claims $113,850.00 (plus damages, interest and
costs) from the first defendant and $722,374.28 (plus damages, interest and costs) from the second defendant.
30/10/2014 Grant Shand:- Plaintiffs
John Knight/Grace Rippingale:- Chapman
Tripp, First Defendant
David Friar/Liam McNeely:- Bell Gully,
Second Defendant
YES DISCONTINUED 10/10/2017
CIV-2014-409-000777 Campbell v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Heyders Road, Brooklands. Covered under sum insured AMI policy. Damaged in September 2010 and
February 2011. The plaintiffs claim the economic option is to rebuild at a cost of $723,000.30. The plaintiffs claim
$219,101.39 (plus damages, interest and costs) from the first defendant and $96,000 (plus damages, interest and
costs) from the second defendant.
30/10/2014 Grant Shand:- Plaintiffs
John Knight/Paula Gibbs:- Chapman Tripp,
First Defendant
David Friar/Liam McNeely:- Bell Gully,
Second Defendant
YES DISCONTINUED 27/06/2017
CIV-2014-409-000776 Campbell & Cockburn v
Earthquake Commission &
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Gilmour Terrace, Lyttleton. Covered under AMI policy. Damaged in September 2010, February 2011,
June 2011 and December 2011. The plaintiffs allege the economic option is to repair at a cost of $358,237.56. The
plaintiffs claim $247,959.28 (plus damages, interest and costs) from the first defendant and $73,785.45 (plus
damages, interest and costs) from the second defendant.
30/10/2014 Grant Shand:- Plaintiffs
John Knight/Hadleigh Pedler:- Chapman
Tripp, First Defendant
David Friar/Morgan Powell:- Bell Gully,
Second Defendant
YES DISCONTINUED 01/03/2017
CIV-2014-409-000775 Nolan v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Blakehall Place, Spreydon. Covered under AMI policy. Damaged in September 2010, February 2011 and
December 2011. The plaintiff alleges the economic option is to rebuild at a cost of $487,062.16. The plaintiff claims
$138,573.34 (plus damages, interest and costs) from the first defendant and $323,355.94 (plus damages, interest
and costs) from the second defendant.
30/10/2014 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
David Friar/Liam McNeely:- Bell Gully,
Second Defendant
YES DISCONTINUED 30/05/2016
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2014-409-000774 Mattingley (as trustee of the
Jovan Trust) v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Woodlau Rise, Huntsbury. Covered under AMI policy. Damaged in February 2011. The plaintiff alleges the
economic option is to rebuild at a cost of $928,731.15. The plaintiff has been paid an over-cap payment by EQC. The
plaintiff claims $813,731.15 (plus damages, interest and costs) from the defendant.
30/10/2014 Grant Shand:- Plaintiffs
David Friar/Morgan Powell:- Bell Gully,
Defendant
YES DISCONTINUED 14/06/2016
CIV-2014-409-000773 Jackson v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Milcroft Place, Parklands. Covered under AMI policy. Damaged in September 2010 and February 2011.
The plaintiffs allege the cost to rebuild is $1,497,453.85 but the defendant has offered to pay $645,554 (minus EQC
payment). The plaintiffs claim $1,365,934.85 (plus damages, interest and costs) from the defendant.
30/10/2014 Grant Shand:- Plaintiffs
David Friar/Liam McNeely:- Bell Gully,
Defendant
YES DISCONTINUED 01/07/2016
CIV-2014-409-000772 Huang v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Wilsons Road, Waltham. Covered under AMI policy. Damaged in September 2010 and February 2011.
The plaintiff alleges the economic option is to rebuild at at cost of $714,819.30. The plaintiff claims $184,617.11 (plus
damages, interest and costs) from the first defendant and $528,337.37 (plus damages, interest and costs) from the
second defendant.
30/10/2014 Grant Shand:- Plaintiffs
John Knight/Paula Gibbs:- Chapman Tripp,
First Defendant
David Friar/Morgan Powell:- Bell Gully,
Second Defendant
YES DISCONTINUED 07/03/2017
CIV-2014-409-000771 Nixon v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Reeves Road, Opawa. Covered under PSIS policy. Damaged in September 2010 and February 2011.
The plaintiff alleges the economic option is to rebuild the house at a cost of $610,042.31. The plaintiff claims
$174,244.19 (plus damages, interest and costs) from the first defendant and $426,638.08 (plus $1,125 stress
payment, damages, interest and costs) from the second defendant.
30/10/2014 Grant Shand:- Plaintiffs
John Knight/Jared Holt:- Chapman Tripp,
First Defendant
Rob Coltman/Simon Connolly:- Fortune
Manning, Second Defendant
YES DISCONTINUED 19/12/2018
CIV-2014-409-000770 Melios & Travers v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Trafalgar Street, St Albans. Covered under State policy. Damaged in September 2010, February 2011
and December 2011. The plaintiffs allege the economic option is to rebuild at a cost of $841,369.29. The plaintiffs
claim $338,083.13 (plus damages, interest and costs) from the first defendant and $496,369.29 (plus $1000 stress
payment, damages, interest and costs) from the second defendant.
30/10/2014 Grant Shand:- Plaintiffs
John Knight/Amber Richards:- Chapman
Tripp, First Defendant
Peter Leman/Brad Cuff:- DLA Piper, Second
Defendant
YES DISCONTINUED 08/11/2016
CIV-2014-409-000769 Stone v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Leverett Place, North New Brighton. Covered under Lantern policy. Damaged in September 2010 and
February 2011. The plaintiffs allege the economic option is to rebuild at a cost of $737,804.62. The plaintiffs claim
$146,497.93 (plus damages, interest and costs) from the first defendant and $570,626.05 (plus $1000 stress
payment, damages, interest and costs) from the second defendant.
30/10/2014 Grant Shand:- Plaintiffs
Peter Leman:- DLA Piper, Defendant
YES DISCONTINUED 13/05/2016
CIV-2014-409-000768 Campbell & New Zealand
Trustee Services Limited v IAG
New Zealand Limited
General
Proceeding
Property at Briarmont Street, Avondale. Covered under State policy. Damaged in September 2010 and February
2011. The plaintiff alleges the economic option is to rebuild at a cost of $971,816.31. The plaintiff claims $854,493.88
(plus $1000 stress payment, damages, interest and costs) from the defendant.
30/10/2014 Grant Shand:- Plaintiffs
Rob Coltman/Jenna Riddle:- Fortune
Manning, Defendant
YES DISCONTINUED 05/03/2015
CIV-2014-409-000767 Wylie (as trustees of the Wylie
Family Trust) v Medical
Assurance Society New Zealand
Limited
General
Proceeding
Property at Fitzgerald Avenue, Christchurch Central. Covered under Replacement Value policy with the defendant.
Damaged in September 2010 and February 2011. The plaintiffs were paid an over-cap payment by EQC in respect of
the September 2010 earthquake. The plaintiffs allege that, following a series of unsuccessful negotiations between the
parties, the defendant has failed or refused to pay the cost of rebuilding or restoring the dwelling to a condition
substantially the same as new. The plaintiff asserts that the defendant refuses to pay, inter alia, allowances for roofing,
fireplaces, labour, cost escalation, contingency, P&G, builders margin and professional fees. The plaintiffs seek
declarations that the defendant is liable to pay the equivalent cost of rebuilding; that the EQC cap payment must not
be deducted from the amount payable by the defendant; that the defendant is liable to reimburse costs for temporary
works, damages, interest, professionals costs and other costs. The plaintiffs also allege breach of s 9 of the Fair
Trading Act 1986 and seek damages, interest and costs.
29/10/2014 Stephanie Grieve/Willie Hamilton:- Duncan
Cotterill, Plaintiffs
Andrew Horne/Corina Haemmerle:- Minter
Ellison, Defendant
YES DISCONTINUED 20/10/2015
CIV-2014-409-000766 Spreag (as trustees of the
Spread Family Trust) v Lumley
General Insurance (N.Z.)
Limited
General
Proceeding
House in Gilmours Road, Tai Tapu. The property was damaged in September 2010, February 2011, June 2011 and
December 2011. The plaintiffs have received payment from EQC. The plaintiffs say the defendant failed to carry out
project management schedule agreed by the parties. The plaintiffs say they obtained their own engineering advice that
the house was beyond feasible and durable repair. The plaintiffs allege breach of contract and breach of good faith.
The plaintiffs seek declarations that the defendant must pay the different between the EQC payment and the cost to
rebuild (plus other policy benefits, damages and costs).
24/10/2014 C R Johnstone:- Wynn Williams, Plaintiffs
A Challis/K Rowe:-McElroys, Defendant
YES DISCONTINUED 03/06/2015
CIV-2014-409-000765 Body Corporate 74246 v QBE
Insurance (International) Limited
General
Proceeding
The plaintiff is a Body Corporate for a unit title development at Ferry Road, Woolston. Covered under Material
Damage & Business Interruption policy. The plaintiff alleges the property was damaged in the September 2010
earthquake and the defendant has failed to pay/settle for the damage in a timely manner. The plaintiff claims $929,600
(plus GST, interest and costs) from the defendant.
28/10/2014 Richard Johnstone:- Wynn Williams, Plaintiff
Craig Langstone:- Jones Fee, Defendant
YES JUDGMENT - DEFENDED HEARING
29/06/2017
COURT OF APPEAL MILESTONES:
CA416/17
Filed 27/7/17
Dismissed 5/7/18
Cross Appeal
Filed 9/8/17
Dismissed 5/7/18
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2014-409-000739 St Andrews Holdings Limited &
Ors v IAG New Zealand Limited
General
Proceeding
The first plaintiff owns two commercial properties at St Asaph St and one commercial property at Ferry Road. The
second plaintiff owns a commercial building at Tuam Street. All of the buildings were covered under a Brokernet
Material Damage and Business Interruption policy. All of the buildings were damaged in September 2010, December
2010, February 2011, June 2011 and December 2011. The plaintiffs contend that the defendant is under a
contractual duty to act with good faith and to abide by the Fair Insurance Code. The plaintiffs have submitted claims
totalling $12,920,437.33 (excl GST) for material damage and $570,121.00 (excl GST) for business interruption. The
plaintiffs seek declarations to the effect that they are insured under the respective policies for material damage and
business interruption; judgment in the sums above; further relief; damages; interest, and; costs.
15/10/2014 Stephen Rennie:- Rhodes & Co, Plaintiffs
Grant MacDonald/Richard Tosh:-DLA Piper,
Defendant
YES DISCONTINUED 02/09/2016
CIV-2014-409-000624 A.S.K. Limited v IAG New
Zealand Limited & Earthquake
Commission
General
Proceeding
Property at Lawrence Street, Waltham. Covered under IAG policy. Damaged in September and February 2011. The
plaintiff alleges the repair method proposed by the defendants is insufficient to meet the standard of repair under
Earthquake Commission Act 1993 and the policy of insurance. The plaintiff seeks orders that the defendants must
specifically perform their obligations under the Act and policy, respectively. Alternatively, the plaintiff seeks damages
for breach of the Act and policy.
2/09/2014 Andrew Hooker:- Shine Lawyers, Plaintiff
Ross Armstrong:- Young Hunter, First
Defendant
John Knight/Sarah Lester:- Chapman Tripp,
Second Defendant
YES DISCONTINUED 19/05/2016
CIV-2014-409-000621 Sunset Point Trustee Limited (as
trustee of RG & CT Eastgate
Trust) v&Eastgate v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Forest Drive, Forest Park. Covered under an AMI policy. Damaged in September 2010, February 2011
and June 2011. The first plaintiff alleges the defendant has wrongly underestimated the cost to rebuild te house amd
failed in its obligation to pay that amount. The second plaintiffs alleges that by application of the Contracts (Privity) Act
1982 the defendant is liable for damages, interest and costs as a result of numerous delays, misleading
representations and breaches of the Fair Insurance Code made by the defendant.
1/09/2014 Mark Henderson:- Corcoran French, Plaintiff
David Friar/Morgan Powell:- Bell Gully,
Defendant
YES DISCONTINUED 23/03/2015
CIV-2014-409-000612 Trippier v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Randall Street, Richmond. Covered under State policy. Damaged in September 2010 and February 2011.
The plaintiffs allege the economic option is to rebuild at a cost of $728,413.78. The plaintiffs claim $200,399.40 (plus
damages, interest and costs) from the first defendant and $504,151.71 (plus damages, interest and costs) from the
second defendant.
28/08/2014 Grant Shand:- Plaintiffs
John Knight/Jared Holt:- Chapman Tripp,
First Defendant
Grant Macdonald:- DLA Piper, Second
Defendant
YES DISCONTINUED 11/02/2016
CIV-2014-409-000611 Robinson v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Eglinton Street, Avondale. Covered uder ASB Bank IAG policy. Damaged in February 2011. The plaintiff
alleges the economic option is to rebuild at a cost of $864,991.25. The plaintiff claims $113,850 (plus damages,
interest and costs) from the first defendant and $749,991.25 (plus damages, interest and costs) from the second
defendant.
28/08/2014 Grant Shand:- Plaintiffs
John Knight/Grace Rippingale:- Chapman
Tripp, First Defendant
Stephanie Grieve/Willie Hamilton:- Duncan
Cotterill, Second Defendant
YES DISCONTINUED 31/10/2016
CIV-2014-409-000610 Addison v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Cooks Lane, Heathcote Valley. Covered under IAG policy. Damaged in September 2010, February 2011
and June 2011. The plaintiffs allege the economic option is to rebuild at a cost of $669,783.72. The plaintiffs claim
$213,312.88 (plus damages, interest and costs) from the first defendant and $545,316.16 (plus damages, interest
and costs) from the second defendant.
28/08/2014 Grant Shand:- Plaintiffs
John Knight/Nicholas Wood:- Chapman
Tripp, First Defendant
Daniel Weatherley:-Young Hunter, Second
Defendant
YES DISCONTINUED 28/04/2017
CIV-2014-409-000609 Agassiz v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Farnborough Street, Bexley. Covered under AMI policy. Damaged in February 2011. The plaintiffs allege
the economic option is to rebuild at a cost of $787,860.11. The plaintiffs claim $107,649.02 (plus damages, interest
and costs) and $672,860.11 (plus damages, interest and costs) from the second defendant.
28/08/2014 Grant Shand:- Plaintiffs
John Knight/Amber Richards:- Chapman
Tripp, First Defendant
Grant Macdonald/Anna Robinson:- DLA
Piper, Second Defendant
YES DISCONTINUED 22/12/2016
CIV-2014-409-000608 Moncks Spur Trustees Limited
& Rivett (as trustees) v
Earthquake Commission &
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Kilbride Gardens, Halswell. Covered under AMI policy. Damaged in September 2010 and February 2011.
The plaintiffs allege the economic option is to repair at a cost of $799,850.74. The plaintiffs claim $227,700 (plus
damages, interest and costs) from the first defendant and $569,850.74 (plus damages, interest and costs) from the
second defendant.
28/08/2014 Grant Shand:- Plaintiffs
John Knight/Amber Richards:- Chapman
Tripp, First Defendant
DJ Friar/MA Powell:-Bell Gully, Second
Defendant
YES DISCONTINUED 22/08/2016
CIV-2014-409-000607 New Zealand Trustee Services
& French v Vero Insurance New
Zealand Limited
General
Proceeding
Property at Niven Street, Avondale. Covered under Vero policy. Damaged in September 2010 and February 2011.
The plaintiffs allege the economic option is to rebuild at a cost of $1,109,243.31. The plaintiffs claim $997,980.55
(plus damages, interest and costs) from the defendant.
28/08/2014 Grant Shand:- Plaintiffs
Grant Macdonald:- DLA Piper, Defendants
YES STRUCK OUT 27/10/2016
CIV-2014-409-000606 Palmer & Lane Neave Trustees
Limited (as trustees) v
Earthquake Commission & Vero
Insurance New Zealand Limited
General
Proceeding
Property at Smythes Road, Leeston. Covered under Vero policy. Damaged in February 2011. The plaintiffs allege the
economic option is to repair at a cost of $796,791.25. The plaintiffs claim $113,850 (plus damages, interest and costs)
from the first defendant and $327,021.71 (plus landscaping costs, stress payment, damages, interest and costs) from
the second defendant.
28/08/2014 Grant Shand:- Plaintiffs
Kate Yesberg/John Knight:- Chapman Tripp,
First Defendant
YES DISCONTINUED 10/08/2015
CIV-2014-409-000605 Obrecht v Earthquake
Commission & AA Insurance
Limited
General
Proceeding
Property at Bower Avenue, New Brighton. Covered under AA policy. Damaged in September 2010, February 2011
and December 2011. The plaintiff alleges the economic option is to rebuild at a cost of $869,556.61. The plaintiff
claims $326,776.37 (plus damages, interest and costs) from the first defendant and $524,556.61 (plus damages,
interest and costs) from the second defendant.
28/08/2014 Grant Shand:- Plaintiffs
John Knight:-Chapman Tripp, First
Defendant
Peter Hunt/kristal Rowe:-McElroys, Second
Defendant
YES DISCONTINUED 23/02/2017
CIV-2014-409-000604 Pennack v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Shortland Street, Aranui. Covered under AMI policy. Damaged in February 2011 and June 2011. The
plaintiff alleges the economic option is to rebuild at a cost of $795,926.92. The plaintiff claims $225,006.52 (plus
damages, interest and costs) from the first defendant and $565,926.91 (plus damages, interest and costs) from the
second defendant.
28/08/2014 Grant Shand:- Plaintiffs
Nicholas Wood/John Knight:-Chapman
Tripp, First Defendant
DJ Friar/LJ McNeely:-Bell Gully,Second
Defendant
YES DISCONTINUED 19/04/2016
CIV-2014-409-000603 Smith v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Bowhill Road, New Brighton. Covered under AMI policy. Damaged in September 2010 and February
2011. The plaintiff alleges the economic option is to rebuild at a cost of $601,074.85. The plaintiff claims $149,553.85
(plus damages, interest and costs) from the first defendant and $450,010.36 (plus damages, interest and costs) from
the second defendant.
28/08/2014 Grant Shand:- Plaintiffs
Nicholas Wood/John Knight:-Chapman
Tripp, First Defendant
DJ Friar/LJ McNeely:-Bell Gully, Second
Defendant
YES DISCONTINUED 30/06/2016
CIV-2014-409-000602 Richter v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Waipapa Avenue, Diamond Harbour. Covered under State Insurance policy. Damaged in February 2011
and June 2011. The plaintiff alleges the economic option is to rebuild at a cost of $840,816.61. The plaintiff claims
$197,090.84 (plus damages, interest and costs) from the first defendant and $641,734.95 (plus damages, interest
and costs) from the second defendant.
28/08/2014 Grant Shand:- Plaintiffs
John Knight/Jeremy Upson:- Chapman
Tripp, First Defendant
Grant Macdonald/Richard Tosh:- DLA Piper,
Second Defendant
YES DISCONTINUED 26/02/2016
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2014-409-000601 Danielson v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Pacific Road, New Brighton. Covered under NZI policy. Damaged in September 2010 and February 2011.
The plaintiff alleges the economic option is to rebuild at a cost of $676,124.26. The plaintiff claims $207,169.48 (plus
damages, interest and costs) from the first defendant and $151,455 (plus damages, interest and costs) from the
second defendant.
28/08/2014 Grant Shand:- Plaintiffs
John Knight/Barbara Dean:-Chapman Tripp,
First Defendant
Ross Armstrong:- Young Hunter, Second
Defendant
YES DISCONTINUED 20/06/2016
CIV-2014-409-000599 Musk v Southern Response
Earthquake Services Limited
General
Proceeding
Property at McBratneys Road, Dallington. Covered under AMI policy. Damaged in September 2010 and February
2011. The plaintiff alleges the economic option is to rebuild at a cost of $838,772.53. The plaintiff claims $706,628.48
(plus damages, interest and costs) from the defendant.
28/08/2014 Grant Shand:- Plaintiffs
Richard Johnstone/Pip Allan:- Wynn
Williams, Defendant
YES DISCONTINUED 24/07/2015
CIV-2014-409-000598 Hay v Earthquake Commission
& Southern Response
Earthquake Services Limited
General
Proceeding
Property at McBratneys Road, Dallington. Covered under AMI policy. Damaged in September 2010, February 2011
and June 2011. The plaintiffs alleges the economic option is to rebuild at a cost of $752,668.11. The plaintiffs claim
$302,214.14 (plus damages, interest and costs) from the first defendant and $447,401.29 (plus damages, interest
and costs) from the second defendant.
28/08/2014 Grant Shand:- Plaintiffs
Kate Yesberg/John Knight:-Chapman Tripp,
First Defendant
DJ Friar/MA Powell:- Bell Gully, Second
Defendant
YES DISCONTINUED 07/11/2016
CIV-2014-409-000597 Perry v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Bowhill Road, New Brighton. Covered under AMI policy. Damaged in September 2010 and February
2011. The plaintiff says the defendant agrees that the property is uneconomic to repair. The plaintiff alleges the cost to
rebuild is $708,874.68. The plaintiff claims $589,352.49 (plus damages, interest and costs).
28/08/2014 Grant Shand:- Plaintiffs
Richard Johnstone:- Wynn Williams,
Defendant
YES DISCONTINUED 12/03/2015
CIV-2014-409-000583 Kerr v Earthquake Commission
& Lumley General Insurance
(N.Z.) Limited
General
Proceeding
Property at Hay Street, Linwood. Covered under Lumley policy. Damaged in September 2010 and February 2011. Th
e plaintiff alleges the cost to repair to the property to a condition substantially the same condition and extent as when it
was new is $424,119.67 plus GST. The plaintiff alleges: the first defendant has failed to indemnity pursuant to its
obligations under Earthquake Commission Act, and; the second defendant has breached its contract by failing to pay
the cost to repair the property. The plaintiff claims $400,000, damages, costs, interest adn other relief from the
defendants.
22/08/2014 Andrew Hooker:- Shine Lawyers, Plaintiff
John Knight/Paula Gibbs:-Chapman Tripp,
Second Defendant
YES DISCONTINUED 02/03/2017
CIV-2014-409-000560 The Roman Catholic Bishop of
the Diocese of Christchurch v
RDF Investments Limited (In
Receivership) (In Liquidation) &
David Ian Rusoe & Timothy
Downes
General
Proceeding
The plaintiff is the proprieter of a registerable lease in perpetuity of the Holy Cross Chapel in Chancery Lane. The first
defendant is the current registered proprietor of the premises subject to the lease. The second defendants are
receivers. The terms of the lease include requirements, inter alia, that the lessor must repair or reinstate the property in
the event of earthquake damage, or; if repairs or reinstatement cannot be carried out to pay a proportion of the
insurance money to the plaintiff. The plaintiff alleges that the defendants have entered into negotiations to sell the
property for development of the Convention Centre Precinct. The plaintiff further alleges that the second defendants
assert that the lease is frustrated. The plaintiff seeks a declaration that the lease has not been frustrated, and; costs.
14/08/2014 Owen Paulson:- Cavell Leitch, Plaintiff
Simon Munro:-Anderson Lloyd, Defendants
YES JUDGMENT - DEFENDED HEARING
28/10/2015
CIV-2014-409-000545 Scott v Earthquake Commission
& Southern Response
Earthquake Services Limited
General
Proceeding
Property at Otaki Street, Kaiapoi. Covered under AMI policy. Damaged in September 2010, February 2011 and June
2011. The plaintiffs allege the economic option is to rebuild the house at a cost of $781,882.47. The plaintiffs claim
$341,550 (plus damags, interest and costs) from the first defendant and $436,882.49 (plus damages, interest and
costs) from the second defendant.
7/08/2014 Grant Shand:- Plaintiffs
John Knight/Rebekah Dixon:- Chapman
Tripp, First Defendant
David Friar/Liam McNeely:- Bell Gully,
Second Defendant
YES DISCONTINUED 28/09/2016
CIV-2014-409-000544 G Force Limited v Earthquake
Commission
General
Proceeding
Property at Armagh Street, Central City. House divided into two units. Plaintiff paid levies to the defendant in respect of
both units. Damaged in September 2010, February 2011, June 2011 and December 2011. Plaintiff says the
defendant has paid $377,168.37. Plaintiff alleges the cost to repair is $679,856.17. Plaintiff argues that the defendant
has breached its obligations under the deemed insurance and breached a duty of utmost good faith to the plaintiff.
The plaintiff seeks $217,166.55, interest, loss of income, general damages and costs.
1/08/2014 Duncan Webb:- Lane Neave, Plaintiff
John Knight/Armando Neris:- Chapman
Tripp, Defendant
YES DISCONTINUED 19/01/2016
CIV-2014-409-000543 Birch & Collie v AA Insurance
Limited
General
Proceeding
Property at Moncks Spur Road, Moncks Spur. Covered under AA Insurance policy. Damaged in September 2010
and February 2011. The plaintiffs allege the economic option is to rebuild at a cost of $1,010,839.30. The plaintiffs say
they have been paid an over-cap payment by EQC. The plaintiffs claim $869,293.40 (plus damages, interest and
costs) from the defendant.
6/08/2014 Grant Shand:- Plaintiffs
Kristal Rowe:- McElroys, Defendant
YES DISCONTINUED 30/10/2015
CIV-2014-409-000542 Gibson & New Zealand Trustee
Services Limited (as trustees) v
Earthquake Commission &
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Rose Street, Somerfield. Covered under AMI policy. Damaged in February 2011. The plaintiffs allege the
economic option is to rebuild at a cost of $698,184.21. The plaintiffs claim $113,850 (plus damages, interest and
costs) from the first defendant and $583,184.21 (plus damages, interest and costs) from the second defendant.
6/08/2014 Grant Shand:- Plaintiffs
John Knight/Kate Yesburg:- Chapman Tripp,
First Defendant
Liam McNeely/ DJ Friar:-Bell Gully, Second
Defendant
YES DISCONTINUED 01/08/2016
CIV-2014-409-000541 Corkran v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Farnborough Street, Bexley. Covered under AMI policy. Damaged in September 2010 and February 2011.
The plaintiff alleges the economic option is to rebuild at a cost of $808,063.90. The plaintiff says it has been paid an
over-cap payment by EQC. The plaintiff claims $683,531.81 (plus damages, interest and costs) from the defendant.
6/08/2014 Grant Shand:- Plaintiffs
David Friar/Morgan Powell:- Bell Gully,
Defendant
YES DISCONTINUED 16/05/2016
CIV-2014-409-000540 Jasml Limited v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Rawson Street, New Brighton. Covered under IAG BNZ policy. Damaged in February 2011. The plaintiff
alleges the economic option is to rebuild at a cost of $643,381.56. The plaintiff claims $113,850 (plus interest and
costs) from the first defendant and $528,381.56 (plus $2000 stress payment, interest and costs) from the second
defendant.
6/08/2014 Grant Shand:- Plaintiffs
John Knight/Jeremy Upston:- Chapman
Tripp, First Defendant
Grant Macdonald/Caroline Halliday:- DLA
Piper, Second Defendant
YES DISCONTINUED 15/08/2017
CIV-2014-409-000539 Withers v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Creyke Road, Ilam. Covered under State Insurance policy. Damaged in September 2010, February 2011
and June 2011. The plaintiffs allege that the economic option is to repair at a cost of $824,032.95. The plaintiffs claim
$301,121.34 (plus damages, interest and costs) from the first defendant and $519,869.98 (plus damages, interest
and costs) from the second defendant.
6/08/2014 Grant Shand:- Plaintiffs
John Knight/Hadleigh Pedler:- Chapman
Tripp, First Defendant
Catherine Jamieson/Megan Gall:- Young
Hunter, Second Defendant
YES DISCONTINUED 16/06/2016
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2014-409-000535 Body Corporate 79647 v IAG
New Zealand Limited and
Earthquake Commission
General
Proceeding
The plaintiff is the body corporate of an apartment building on Peterborough Street, Christchurch. The building is a
heritage building. The building was insured with the defendant over two sum-insured policy periods between
03/04/2010-15/01/2011 [$14,320,000] and 15/01/2011-15/01/2012 [$12,990,000]. The terms of the policy provided,
inter alia, for the cost of repairing or rebuilding to a condition as similar as possible to when it was new. The policy
specified that the most the defendant will pay for any event is the sum insured. The plaintiff says the building was
damaged in 8 earthquake events. The plaintiff seeks various declarations regarding: events causing natural disaster
damage; quantum; method of settlement; damages; interest, and; costs.
5/08/2014 TC after 01/01/2020 Stephen Rennie:- Rhodes & Co, Plaintiff
C Hlavac/M Ring QC:-Young Hunter,
Defendant
Nathaniel Walker, Russell McVeagh, Second
Defendant
NO Ready List Entry Date: 12/03/2015
CIV-2014-409-000532 Mike Greer Commercial Limited
& Doncaster Developments
Limited v Waimakariri District
Council & The Minister for
Canterbury Earthquake
Recovery
Judicial Review The Applicants are a commercial construction company and a residential property developer, respectively. The
Applicants lodged resource consent applications to build several buildings considered to be "retail activities" pursuant
to the District Plan. The Applicants argue: (a) The process employed by the First Respondent in amending the District
Plan falls outside of its statutory directions by the Second Respondent; (b) The First and Second Respondents did not
exercise their powers in accordance with s 10 of the Canterbury Earthquake Recovery Act 2011; (c) The amendments
are not necessary to achieve the purposes of the Act, and; (d) The amendments are inconsistent with the Greater
Christchurch Recovery Strategy. The Applicants seek orders setting aside the amendments, a declaration that the
amendments were unlawful and costs.
4/08/2014 Richard Smedley/Gerard Cleary:- Anthony
Harper, Applicant
Ken Stephen:-Crown Law, Second
Respondent
YES DISCONTINUED 24/09/2014
CIV-2014-409-000466 Harris v Southern Response
Earthquake Services Limited &
Corbel Construction Limited &
Uretek Ground Engineering
(NZ) Limited
General
Proceeding
(Repairs)
Property at Condell Avenue, Bryndwr. Policy under Southern Response damaged in the Canterbury Earthquake
Sequence Southern Response elected to repair the property and the plaintiff alledges defects with the repairs.
Plaintiffs claim judgment in the sum of $650,000.00, rental costs, general damges, interest and costs against each
defendant.
10/07/2014 YES YES DISCONTINUED 23/01/2017
CIV-2014-409-000465 Wenborn & Yates v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Property at De Bloge Place, Burwood. Covered under AMI policy. Damaged in September 2010 and February 2011.
The plaintiffs allege the economic option is to rebuild at a cost of $960,275.98. The plaintiffs claim $208,917.32 (plus
damages, interest and costs) from the first defendant and $749,248.38 from the second defendant.
10/07/2014 Grant Shand:- Plaintiffs
John Knight/Rebekah Dixon:- Chapman
Tripp, First Defendant
David Friar/Morgan Powell:- Bell Gully,
Second Defendant
YES DISCONTINUED 28/04/2016
CIV-2014-409-000464 Klok v Earthquake Commission
& IAG New Zealand Limited
General
Proceeding
Property at Jebson Street, Mairehau. Covered under State policy. Damaged in February 2011. The plaintiffs allege the
economic option is to repair at a cost of $572,222.15. The plaintiffs claim $100,295.65 (plus damages, interest and
costs) from te first defendant and $230,539.66 (plus damages, interest and costs) from the second defendant.
10/07/2014 Grant Shand:- Plaintiffs
John Knight/Jeremy Upson:- Chapman
Tripp, First Defendant
Stephanie Grieve/Stephanie Mann:- Duncan
Cotterill, Second Defendant
YES DISCONTINUED 12/05/2017
CIV-2014-409-000463 Pezaro v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Kidson Terrace, Cashmere. Covered under IAG ASB Bank policy. Damaged in September 2010 and
February 2011. The plaintiff alleges the economic option is to rebuild at a cost of $858,424.46. The plaintiff claims
$227,041.49 (plus damages, interest and costs) from the first defendant and $628,424.46 (plus damages, interest
and costs) from the second defendant.
10/07/2014 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Grant Macdonald/Anna McElhinney:- DLA
Piper, Second Defendant
YES DISCONTINUED 20/01/2017
CIV-2014-409-000432 Hanton Golf Enterprises Limited
v Certain Underwriters at Lloyds
Administered by Offshore
Market Placements Limited
General
Proceeding
Property at Wordsworth Street, Sydenham. Covered under Commercial Insurance Package - Building Cover to a
replacement sum insured of $365,000 (excluding GST). Damaged in September 2010 and February 2011. The
plaintiff claims it will cost approximately $650,000 to restore the property to a condition substantially the same as, but
not better or more extensive than its condition when new. The plaintiff claims $419,750 inc. GST (plus interest and
costs) from the defendant.
1/07/2014 Grant Shand:- Plaintiff
Anthony Holden:- DAC Beachcroft,
Defendant
YES DISCONTINUED 02/02/2015
CIV-2014-409-000430 Cairns v Earthquake
Commission (Discontinued) &
Lumley General Insurance
(N.Z.) Limited
General
Proceeding
Property at Pembroke Street, Avondale. Covered under Lumley Westpac Bank policy. Damaged in September 2010
and February 2011. The plaintiff alleges the economic option is to rebuild at a cost of $808,004.11. The plaintiff claims
$227,700 (plus damages, interest and costs) from the first defendant, and; $578,004.11 from the second defendant.
1/07/2014 Grant Shand:- Plaintiffs
Andrea Challis/Kristal Rowe:- McElroys, First
Defendant
Arnanda Ferris/ John Knight:-Chapman
Tripp, Second Defendant
YES DISCONTINUED 20/05/2019
CIV-2014-409-000429 White v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Evans Place, Kaiapoi. Covered under AMI policy. Damaged in September 2010 and February 2011. The
plaintiff alleges the economic option is to repair at a cost of $603,204.31. The plaintiff claims $227,700 (plus damages,
interest and costs) from the first defendant, and; $373,204.31 (plus damages, interest and costs) from the second
defendant.
1/07/2014 Grant Shand:- Plaintiffs
John Knight/Brendon Orr:- Chapman Tripp,
First Defendant
David Friar/Morgan Powell:- Bell Gully,
Second Defendant
YES DISCONTINUED 12/02/2016
CIV-2014-409-000428 Phillips & Just v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Butts Road, Heathcote. Covered under AMI policy. Damaged in September 2010, February 2011 and
June 2011. The plaintiffs allege the economic option is to rebuild at a cost of $760,634.04. The plaintiffs claim
$632,532.23 (plus damages, interest and costs) from the defendant.
1/07/2014 Grant Shand:- Plaintiffs
Liam McNeely:-Bell Gully, Defendant
YES DISCONTINUED 08/07/2016
CIV-2014-409-000427 Wright v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Station Road, Heathcote Valley. Covered under NZI policy. Damaged in September 2010, December
2010, Februray 2011, June 2011 and December 2011. The plaintiff alleges the economic option is to rebuild at a cost
of $379,734.40. The plaintiff claims $223,195.94 (plus damages, interest and costs) from the defendant.
1/07/2014 Grant Shand:- Plaintiffs
John Knight/Jeremy Upson:- Chapman
Tripp, First Defendant
Grant Macdonald/Misha Henaghan:- Second
Defendant
YES DISCONTINUED 13/06/2016
CIV-2014-409-000426 Pfisterer v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Fifield Terrace, St Martins. Covered under AMI policy. Damaged in September 2010 and February 2011.
The plaintiff alleges the economic option is to rebuild at a cost of $946,710.61. The plaintiff claims $816,308.48 (plus
damages, interest and costs).
1/07/2014 Kirsten Maclean:- Tavendale Partners,
Plaintiffs
DJ Friar/Morgan Powell:-Bell Gully,
Defendant
YES DISCONTINUED 29/09/2017
CIV-2014-409-000425 White v AA Insurance Limited General
Proceeding
Property at McBratneys Road, Dallington. Covered under AA policy. Damaged in February 2011. The plaintiff alleges
the economic option is to rebuild at a cost of $570,163.10. The plaintiff claims $444,798.47 (plus damages, interest
and costs) from the defendant.
1/07/2014 Grant Shand:- Plaintiffs
Stephanie Corban:- Hesketh Henry,
Defendant
YES DISCONTINUED 16/10/2015
CIV-2014-409-000424 Prendeville v Earthquake
Commission & Tower Insurance
Limited
General
Proceeding
Property at Wainoni Road, Avondale. Covered under Tower policy. Damaged in February 2011. The plaintiff alleges
the economic option is to rebuild at a cost of $754,815.15. The plaintiff claims $113,850 (plus damages, interest and
costs) from the first defendant, and; $639,815.15 (plus damages, interest and costs) from the second defendant.
1/07/2014 Grant Shand:- Plaintiffs
Kate Yesberg/John Knight:-Chapman Tripp,
First Defendant
Matthew Harris:-Gilbert Walker, Second
Defendant
YES DISCONTINUED 28/09/2017
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2014-409-000423 Lakakis v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Queenswood Gardens, Mairehau. Covered under NZI policy. Damaged in September 2010. The plaintiffs
allege the economic option is to repair at a cost of $734,637.62. The plaintiffs claim $82,121.69 (plus damages,
interest and costs) from the first defendant, and; $652,515.52 (plus damages, interest and costs) from the second
defendant.
1/07/2014 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Catherine Jamieson:- Young Hunter, Second
Defendant
YES DISCONTINUED 23/01/2017
CIV-2014-409-000422 Barnes v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Kaiwara Street, Hoon Hay. Covered under State policy. Damaged in September 2010. The plaintiffs allege
the economic option is to rebuild at a cost of $671,975.02. The plaintiffs claim $113,319 (plus damages, interest and
costs) from the first defendant, and; $239,976.25 (plus damages, interest and costs) from the second defendant.
1/07/2014 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Catherine Jamieson:- Young Hunter, Second
Defendant
YES DISCONTINUED 20/10/2016
CIV-2014-409-000421 During v Earthquake
Commission & AA Insurance
Limited
General
Proceeding
Property at Hawkins Road, Hororata. Covered under AA policy. Damaged in September 2010 and February 2011.
The plaintiffs allege the economic option is to rebuild at a cost of $408,187.33. The plaintiffs claim $194,671.10 (plus
damages, interest and costs) from the first defendant, and; $211,549.86 (plus damages, interest and costs) from the
second defendant.
1/07/2014 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Sarah Lichfield/Alan Sherlock:- Hesketh
Henry, Second Defendant
YES DISCONTINUED 06/04/2018
CIV-2014-409-000420 Hepburn & Perpetual Trust
Limited v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Speight Street, Mairehau. Covered under NZI policy. Damaged in September 2010 and February 2011.
The plaintiffs allege the economic option is to rebuild at a cost of $731,487.40. The plaintiffs claim $186,267.25 (plus
damages, interest and costs) from the first defendant, and; $543,138.66 (plus damages, interest and costs) from the
second defendant.
1/07/2014 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Grant Macdonald/Anna Robinson:- DLA
Piper, Second Defendant
YES DISCONTINUED 08/11/2016
CIV-2014-409-000419 Lyons & Lilley v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Dallington Terrace, Dallington. Covered under NZI policy. Damaged in September 2010, February 2011
and June 2011. The plaintiffs allege the economic option is to rebuild at a cost of $1,028,076.33. The plaintiffs claim
$152,368.84 (plus damages, interest and costs) from the first defendant, and; $720,662.17 (plus damages, interest
and costs) from the second defendant.
1/07/2014 Duncan Webb:Lane Neave- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Aaron Sherriff:- Duncan Cotterill, Second
Defendant
YES DISCONTINUED 26/05/2015
CIV-2014-409-000417 Foster & Brown v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Rutland Street, Papanui. Covered under AMI policy. Damaged in September 2010, February 2011 and
June 2011. The plaintiffs allege the economic option is to rebuild at a cost of 624,814.44. The plaintiff claims
$163,260.28 (plus damages, interest and costs) from the first defendant, and; $459,829.29 (plus damages, interest
and costs) from the second defendant.
1/07/2014 Grant Shand:- Plaintiffs
John Knight/Kate Yesburg:- Chapman Tripp,
First Defendant
Liam McNeely/ DJ Friar:-Bell Gully, Second
Defendant
YES DISCONTINUED 07/07/2016
CIV-2014-409-000416 OHara v AA Insurance Limited General
Proceeding
Property at Port Hills Road, Heathcote Valley. Covered under AA policy. Damaged in September 2010 and February
2011. The plaintiff alleges the economic option is to rebuild at a cost of $607,836.20. The plaintiff claims $492,836.20
(plus damages, interest and costs) from the defendant.
1/07/2014 Grant Shand:- Plaintiffs
Alan Sherlock/Sara Litchfield:- Hesketh
Henry, Defendant
YES DISCONTINUED 28/07/2015
CIV-2014-409-000367 Arnold v IAG New Zealand
Limited & Earthquake
Commission
General
Proceeding
Property at William Brittan Avenue, Halswell. Covered under IAG policy. Damaged in September 2010. Additional
damage to the propety was discovered during repairs by Fletchers EQR. A repair methodology was formulated for
damage to the foundations by the second defendant. The plaintiff alleges that this repair methodology is indadequate
because it does not properly identify or repair the natural disaster damage. The plaintiffs seek: (1) An order that the
defendants must carry out a different repair methodology (including assessment methods); (2) Engineers costs; (3)
Damages; (4) Costs.
13/06/2014 Brent Stanaway:- Raymond Donnelly & Co/
Malcom Wallace-Canterbury Chambers,
Plaintiffs
John Knight:- Chapman Tripps, First
Defendant
Grant Macdonald/Anna McElhinney:- DLA
Piper, Second Defendant
YES DISCONTINUED 14/08/2015
CIV-2014-409-000358 McGuinness & Nicholson v
Tower Insurance Limited
General
Proceeding
Property at Mersey Street, St Albans. Covered under Tower policy. Damaged in September 2010 and February 2011.
The plaintiffs allege that the repair strategy proposed by the defendant will not return the house to the same condition
and extent as when new. The plaintiffs say the underfloor area has not been assessed therefore the repair strategy is
flawed. The plaintiffs allege breach of contact and breach of the duty of good faith. The palintiffs seek: (1) declaraction
that the repair strategy does not meet the defendants contractual obligations, does not comply with appropriate
building guidelines and that the conduct of the defendant is a breach of good faith; (2) Damages; (3) Other orders; (4)
Costs.
10/06/2014 Duncan Webb/Robin Kay:- Lane Neave,
Plaintiffs
Martin Smith:- Gilbert Walker, Defendant
YES DISCONTINUED 03/10/2014
CIV-2014-409-000329 Bowler v Majestic Holdings
Limited
General
Proceeding
The plaintiff and the defendant entered an agreement whereby the defendant was appointed to negotiate and settle
the plaintiffs insurance claims. The plaintiff says that the agreement was a credit contract under the Credit Contracts
and Consumer Finance Act 2003 and that the agreement was oppressive under that Act. The plaintiff seeks: (1) A
declaration that the agreement was oppressive; (2) An order re-opening the agreement; (3) An order that the plaintiffs
obligations under the agreement are extinguished, and; (4) Costs.
29/05/2014 Grant Shand:- Plaintiffs
Willie Palmer:- Buddle Findlay, Defendant
YES DISCONTINUED 15/12/2014
CIV-2014-409-000327 Truscott v Christchurch City
Counsel
General
Proceeding
Property at Hammerton Lane, Heathcote Valley. The property is in a valley below the Heathcote Quarry Reserve. The
plaintiffs allege negligence and nuisance by the defendant. The property suffered damage, allegedly from rockfall
originating on land formerly used as a quarry, owned by the defendant. The property is subject to a notice under s 124
of the Building Act 2004 and red zoning. The plaintiffs allege negligence by the defendant because it was foreseeable
that rockfall could occur and cause damage or result in the inability to remediate the property. The plaintiffs allege
nuisance because the defendant failed to take steps to prevent rocks falling from the quarry. The plaintiffs seek: (1)
$1,104,435.00 as the cost to remediate the damage caused by rockfall; (2) $500,000 for rockfall protection systems;
(3) $71,160 in rental costs caused by inability to occupy the property; (4) Ongoing rental costs, and; damages, interest
and costs from the defendant.
27/05/2014 Grant Shand:- Plaintiffs
Frana Divich:- Heaney & Partners, Defendant
YES DISCONTINUED 15/12/2014
CIV-2014-409-000326 McNabb v Earthquake
Commission & Tower Insurance
Limited
General
Proceeding
Property at Taramea Place, Addington. Covered under Tower policy. Damaged in September 2010 and February
2011. The plaintiffs allege the economic option is to repair the house at a cost of $492,704.73. The plaintiffs claim
$213,540.95 (plus damages, interest and costs) from the first defendant and $279,163.78 (plus damages, interest
and costs) from the second defendant.
27/05/2014 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Matthew Harris:- Gilbert Walker, Second
Defendant
YES DISCONTINUED 09/12/2016
CIV-2014-409-000325 Wood, Murray & Clements (as
trustees) v Tower Insurance
Limited
General
Proceeding
Property at Heaton Street, Strowan. Covered under Tower policy. Damaged in September 2010, February 2011 and
June 2011. The plaintiffs allege that the cost to remediate the property is approximately $600,770 (less EQC
payment). The plaintiffs claim $468,532.21 plus damages, interest and costs from the defendant.
27/05/2014 Grant Shand:- Plaintiffs
Matthew Harris:- Gilbert Walker, Defendant
YES DISCONTINUED 28/07/2015
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2014-409-000322 Parish v Tower Insurance
Limited
General
Proceeding
Property at Landsdowne Terrace, Cashmere. Covered under Tower policy. Damaged in September 2010 and
February 2011. The plaintiffs allege the economic option is to rebuild at a cost of $896,402.86. The plaintiff claims
$761,387.89 (plus damages, interest and costs) from the defendant.
27/05/2014 Chris Boys:- AssureLegal, Plaintiffs
Matthew Harris:- Gilbert Walker, Defendant
YES DISCONTINUED 27/04/2017
CIV-2014-409-000314 Bond & Cupples v Southern
Response Earthquake Services
Limited
General
Proceeding
Property at Esplanade, Sumner. Covered under AMI policy. Plaintiffs allege the defendant presented settlement
options on the basis of a repair cost of $670,376.55. The plaintiffs accepted a cash settlement offer (of $483,091)
made under the policy option to purchase a house at a different site. The plaintiffs say they later discovered that the
defendant calculated the repair cost as $875,420.25. The plaintiffs say they would not have accepted the cash
settlement if they knew the higher calculated repair cost. The plaintiffs argue damages arise from misleading and
deceptive conduct under the Fair Trading Act 1986. The plaintiffs seek an order under the Act that the settlement
agreement be void.
21/05/2014 A Hooker:- Hooker Law, Plaintiff
Emily Walton/Sarah Waggott:- Wynn
Williams, Defendant
YES DISCONTINUED 15/10/2015
CIV-2014-409-000309 Ernst & Brennan v IAG New
Zealand Limited
General
Proceeding
Property at Sinclair Street, New Brighton. Covered under State policy. Damaged in September 2010 and February
2011. The plaintiffs say the defendants rebuild cost does not take into account demolition costs, contigency fees,
professional fees, landscaping, curtains, boundary walls, retaining walls, consent fees and inflation. The plaintiffs
allege the cost to rebuild (including additional costs, above) is $836,444. The plaintiffs claim rebuild costs (minus EQC
payment, plus $20,000 alternative accommodation, damages, interest and costs) from the defendant.
21/05/2014 Angela Parlane:- Plaintiff
Catherine Jamieson:- Young Hunter,
Defendant
YES DISCONTINUED 05/11/2014
CIV-2014-409-000306 Malcolm v Earthquake
Commission & Lumley General
Insurance (N.Z.) Limited
General
Proceeding
Property at Eders Road, Woodend. Covered under Lumley policy. Damaged in September 2010 and February 2011.
The plaintiff alleges that the economic option is to rebuild at a cost of $591,551.84. The plaintiff claims $227,700 (plus
damages, interest and costs) from the first defendant and $430,504.11 (plus damages, interest and costs) from the
second defendant.
21/05/2014 Grant Shand:- Plaintiffs
John Knight/Jeremy Upson:- Chapman
Tripp, First Defendant
Andrea Challis:-McElroys,Second Defendant
YES DISCONTINUED 08/12/2017
CIV-2014-409-000305 Roberts & Nichols v Earthquake
Commission & Tower Insurance
Limited
General
Proceeding
Property at Alpine View Lane, Parklands. Covered under Tower ANZ Bank policy. Damaged in February 2011. The
plaintiffs allege that the economic option is to rebuild at a cost of $590,048.28. The plaintiffs claim $107,985.75 (plus
damages, interest and costs) from the first defendant and $475,048.28 (plus damages, interest and costs) from the
second defendant.
21/05/2014 Grant Shand:- Plaintiffs
John Knight/Jeremy Upson:- Chapman
Tripp, First Defendant
Martin Smith- Gilbert/Walker, Second
Defendant
YES DISCONTINUED 06/04/2017
CIV-2014-409-000304 Kenna & Gordon v Lumley
General Insurance (N.Z.)
Limited
General
Proceeding
Property at Bower Avenue, North New Brighton. Covered under Lumley Westpac Bank policy. Damaged in February
2011. The plaintiffs allege that the economic option is to rebuild at a cost of 696,282.39. The plaintiffs claim $113,850
(plus damages, interest and costs) from the first defendant and $581,282.39 (plus $100 stress payment, damages,
interest and costs) from the second defendant.
21/05/2014 Grant Shand:- Plaintiffs
A Challis/K Rowe:-McElroys, Defendant
YES DISCONTINUED 22/01/2016
CIV-2014-409-000303 Burson v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property at Bower Avenue, North New Brighton. Covered under IAG ASB Bank policy. Damaged in February 2011.
The plaintiff alleges that the economic option is to rebuild at a cost of $450,337.46. The plaintiff claims $79,695 (plus
damages, interest and costs) from the first defendant and $369,877.46 (plus damages, interest and costs) from the
second defendant.
21/05/2014 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
YES DISCONTINUED 16/09/2015
CIV-2014-409-000295 Nash v Southern Response
Earthquake Services Limited
General
Proceeding
Property at Farnborough Street, Bexley. Covered under AMI policy. Damaged in September 2010 and February 2011.
The plaintiffs allege the defendant has accepted that the property is uneconomic to repair. The rebuild cost is in
dispute. The defendant has offered to pay $237,353. The plaintiff claims $631,653.14 (plus damages, interest and
costs) from the defendant.
19/05/2014 Grant Shand:- Plaintiffs
Grant Macdonald/Anna Robinson:- DLA
Piper, Defendant
YES DISCONTINUED 28/10/2016
CIV-2014-409-000294 Pusineri & Fiorenzo v AA
Insurance Limited
General
Proceeding
Property at Kowahi Terrace, Saint Martins. Covered under AA policy. Damaged in September 2010 and February
2011. The plaintiffs allege that the economic option is to rebuild at a cost of $1,080,310.73. The plaintiffs claim
$965,110.73 (plus damages, interest and costs) from the defendant.
19/05/2014 Grant Shand:- Plaintiffs
Alan Sherlock/Stephanie Corbin:- Hesketh
Henry, Defendant
YES DISCONTINUED 12/10/2015
CIV-2014-409-000292 Sweeney & Longney v
Earthquake Commission &
Southern Response Earthquake
Services Limited
General
Proceeding
Property at Malvern Hills Road, Sheffield. Covered under AMI policy. Damaged in September 2010. The plaintiff
alleges that the economic option is to rebuild at a cost of $453,281.75. The plaintiff claims $113,850 (plus damages,
interest and costs) from the first defendant and $338,281.75 (plus dmages, interest and costs) from the second
defendant.
19/05/2014 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Grant Macdonald/Anna Robinson:- DLA
Piper, Second Defendant
YES DISCONTINUED 09/02/2017
CIV-2014-409-000291 Harris & Kamo v Earthquake
Commission & Lumley General
Insurance (N.Z.) Limited
General
Proceeding
Property at Cannon Hill Crescent, St Andrews Hill. Covered under Lumley Westpac Bank policy. Damaged in
September 2010, February 2011 and December 2011. The plaintiffs allege that the economic option is to rebuild at a
cost of $1,310,404.42. The plaintiffs claim $240,672.96 (plus damages, interest and costs) from the first defendant
and $1,069,731.46 (plus $1000 stress payment, damages, interest and costs) from the second defendant.
19/05/2014 Grant Shand:- Plaintiffs
John Knight/Beth Murphy:- Chapman Tripp,
First Defendant
Andrea Challs/Kristal Rowe:-McElroys,
Second Defendant
YES DISCONTINUED 13/07/2017
CIV-2014-409-000281 Tuam Ventures Limited (In
receivership) v Vero Insurance
Limited
General
Proceeding
Claim in respect of commercial properties at Sol Square and Tuam Street. Damaged in February 2011 and became
untenantable in terms of ADLS lease. Covered under Vero material damage and consequential loss policy for the
period of 27/01/2011-27/04/2011. The sum insured under the policy was $13,990,000. The plaintiff alleges that, in
terms of the policy, the property is a constructive total loss. The plaintiff claims the maximum entitlement for material
damage under the policy plus other entitlements, over and above the amount already paid by the defendant. The
plaintiff seeks $8,523,011 (plus interest and costs) from the defendant, and; declarations regarding constructive total
loss, reinstatement costs and coverage for consequential loss.
14/05/2014 Jo Appleyard:- Chapman Tripp, Plaintiff
Craig Langstone:- Jones Fee, Defendant
YES DISCONTINUED 16/02/2017
CIV-2014-409-000271 Body Corporate 357584 &
Ferguson v Quaife Valuations
Limited
General
Proceeding
Warwick Mews in Warwick Street. The defendant in 2009 carried out a valuation on the reinstatement, demolition and
inflationary costs. The plaintiffs allege that the valuation did not calculate sufficient indemnity for reinstatement of the
property. The plaintiffs argue negligence, negligence misstatement, breach of contract and ss 9 & 13 of the Fair
Trading Act 1986. The plaintiffs seek the difference between the valuation and the actual cost to reinstate. The
plaintiffs claim $3,370,000 (plus other relief, interest and costs).
9/05/2014 K W Clay:- Clarendon Chambers (& G W
Smith, Canterbury Legal Services Limited),
Plaintiffs
Glen Ryan:- White Fox & Jones, Defendant
YES DISCONTINUED 15/05/2015
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2014-409-000265 McDonnell v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Property in Matsons Avenue, Papanui. Covered under AMI policy. Damaged in September 2010 and February 2011.
The plaintiff alleges that the economic option is to repair the house at a cost of $374,843.40. The plaintiff claims
$227,700 (plus damages, interest and costs) from the first defendant and $114,843.40 (plus damages, interest and
costs) from the second defendant.
8/05/2014 Ducan Webb:- Lane Neave, Plaintiffs
John Knight/Beth Murphy:- Chapman Tripp,
First Defendant
Grant MacDonald/Sacha Thom:-DLA Piper,
Second Defendant
YES DISCONTINUED 10/03/2016
CIV-2014-409-000263 Campbell v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property in Station Road, Heathcote Valley. Covered under State Insurance policy. Damaged in September 2010. The
plaintiff alleges that the economic option is to rebuild at a cost of $967,714.33. The plaintiff claims $111,993.41 (plus
damages, interest and costs) from the first defendant and $852,714.33 (plus damages, interest and costs) from the
second defendant.
8/05/2014 Grant Shand:- Plaintiffs
John Knight/Nicholas Wood:- Chapman
Tripp, First Defendant
Misha Henaghan/Anna Robinson:- DLA
Piper, Second Defendant
YES DISCONTINUED 21/04/2016
CIV-2014-409-000259 Ross v Earthquake Commission
& Lumley General Insurance
(N.Z.) Limited
General
Proceeding
Property in Ashgrove Terrace, Somerfield. Covered under Westpac Bank Lumley policy. Damaged in September
2010 and February 2011. The plaintiff alleges that the economic option is to rebuild at a cost of $496,751.87. The
plaintiff claims $227,700 (plus damages, interest and costs) from the first defendant and $266,751.88 (plus $1000
stress payment, damages, interest and costs) from the second defendant.
8/05/2014 Grant Shand:- Plaintiffs
John Knight/Beth Murphy:- Chapman Tripp,
First Defendant
Andrea Challis:- McElroys, Second
Defendant
YES DISCONTINUED 21/04/2017
CIV-2014-409-000257 Lewis & Davis v Earthquake
Commission & Tower Insurance
Limited
General
Proceeding
Property in Vogel Street, Richmond. Covered under ANZ Bank Tower policy. Damaged in September 2010, February
2011 and June 2011. The plaintiffs allege that the economic option is to rebuild at a cost of $656,771.77. The
plaintiffs claim $312,226.53 (plus damages, interest and costs) from the first defendant and $341,391.44 (plus
damages, interest and costs) from the second defendant.
8/05/2014 Grant Shand:- Plaintiffs
John Knight:-Chapman Tripp, First
Defendant
Matthew Harris:- Gilbert Walker, Second
Defendant
YES DISCONTINUED 19/05/2016
CIV-2014-409-000256 Slade v Lumley General
Insurance (N.Z.) Limited
General
Proceeding
Property in Berwick Street, St Albans. Covered under Westpac Bank Lumley policy. Damaged in September 2010
and February 2011. The plaintiff alleges that the economic option is to rebuild at a cost of $845,078.47. The plaintiff
claims $702,319.16 (plus damages, interest and costs) from the defendant.
8/05/2014 Grant Shand:- Plaintiffs
Phillip McKinnon:- McElroys, Defendant
YES DISCONTINUED 16/07/2015
CIV-2014-409-000255 Tolson v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Property in Armagh Street, Linwood. Covered under AMI policy. Damaged in February 2011. The plaintiffs allege that
the economic option is to rebuild at a cost of $591,940.77. The plaintiffs claim $113,850 (plus damages, interest and
costs) from the first defendant and $476,940.77 (plus damages, interest and costs) from the second defendant.
8/05/2014 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Grant MacDonald/Sacha Thom:-DLA
Piper,Second Defendant
YES DISCONTINUED 23/09/2015
CIV-2014-409-000254 McWilliam & Williams v Tower
Insurance Limited
General
Proceeding
Property in Bower Avenue, Parklands. Covered under Tower National Bank policy. Damaged in February 2011. The
plaintiffs allege that the economic option is to rebuild at a cost of $769,831.36. The plaintiffs claim $654,831.36 (plus
damages, interest and costs) from the defendant.
8/05/2014 Chris Boys:- AssurLegal, Plaintiffs
Matthew Harris:- Gilbert Walker, Defendant
YES DISCONTINUED 02/02/2016
CIV-2014-409-000253 Mckenzie & The JM & RR
Family Trust v The Canterbury
Earthquake Recovery Authority
Judicial Review Two adjoining properties in Centaurus Road, St Martins. The Respondent purported to classify the properties as
Green Zone in June 2012. The Respondent purported to rely on extensive, peer reviewed geotechnical reports. In
December 2013 the Respondent purported to re-classify the properties as Red Zone. The Applicant alleges that the
decision is unlawful and should be invalidated. The Applicant argues: (1) The Respondent took into account irrelevant
considerations such as the man-made nature of a cliff when assessing risk; (2) The Respondent did not take into
account relevant considerations such as the purposes of the CER Act and the relevant policies governing land zoning;
(3) Breach of the relevant policies governing land zoning; (4) Breach of natural justice by failing to provide a
substantive review mechanism, failing to provide information and failure to consult; (5) Mistake of fact; (6) Public law
estoppel arising from the unequivocal confirmation that the land is Green Zone; (7) Disproportionality in failing to
consider alternatives, and; (8) Unreasonableness/Irrationality in all the circumstances.
8/05/2014 Michael Starling:- Barrister (& David Beck:-
SB Law), Applicants
Sally Mckechnie:- Crown Law, Respondent
YES DISCONTINUED 28/08/2014
CIV-2014-409-000238 Braid v IAG New Zealand
Limited
General
Proceeding
Property in Te Pihopa Way, Halswell. Covered under State policy. Damaged in September 2010. The plaintiffs allege
that the economic option is to rebuild at a cost of $640,000. The plaintiff claims $526,150 (plus professional fees (to
be quantified), consequential losses, damages and costs) from the defendant.
2/05/2014 Paul Radcliffe/Michael Wolff:- Grimshaw &
Co, Plaintiffs.
Peter Leman:- DLA Piper, Defendant
YES DISCONTINUED 27/04/2017
CIV-2014-409-000234 Mitchell and Mackersy Trust &
Evans v Earthquake
Commission & Tower Insurance
Limited
General
Proceeding
Property in Flaxgrove Place, Parklands. Covered under Tower ANZ Bank policy. Damaged February 2011. The
plaintiffs allege the economic option is to repair the house at a cost of $940,865. The plaintiffs claims $113,850 (plus
damages, interest and costs) from the first defendant and $825,865 (plus damages, interest and costs) from the
second defendant.
30/04/2014 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Martin Smith:- Gilbert Walker, Second
Defendant
YES DISCONTINUED 27/10/2016
CIV-2014-409-000233 Rajenda & Lim v Southern
Response Earthquake Services
Limited
General
Proceeding
Property in Ashby Place, Bryndwr. Covered under AMI policy. Damaged in September 2010 and February 2011. The
plaintiffs allege that the economic option is to rebuild at a cost of $517,423. The plaintiffs claim $405,092 (plus
damages, interest and costs) from the defendant.
30/04/2014 Grant Shand:- Plaintiffs
Grant MacDonald/Sacha Thom:-DLA Piper,
Defendant
YES DISCONTINUED 20/11/2015
CIV-2014-409-000232 Pickering & Szydlowska-
Pickering v Earthquake
Commission & Lumley General
Insurance (N.Z.) Limited
General
Proceeding
Property in Matsons Avenue, Papanui. Covered under Lumley Westpac Bank policy. Damaged in September 2010
and February 2011. The plaintiffs allege that the economic option is to rebuild at a cost of $550,390. The plaintiffs
claim $227,700 (plus damages, interest and costs) from the first defendant and $320,234 (plus $1000 stress
payment, damages, interest and costs) from the second defendant.
30/04/2014 Grant Shand:- Plaintiffs
Nikolas Bruce-Smith/John Knight:-Chapman
Tripp, First Defendant
Andrea Challis:- McElroys, Second
Defendant
YES DISCONTINUED 13/12/2016
CIV-2014-409-000231 Daniels & Clark v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Property in Westminster Street, St Albans. Covered under State policy. Damaged in September 2010, February 2011
and June 2011. The plaintiffs allege that the economic option is to rebuild at a cost of $734,597. The plaintiffs claim
$278,607 (plus damages, interest and costs) from the first defendant and $453,175 (plus damages, interest and
costs) from the second defendant.
30/04/2014 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Stephanie Grieve/Aaron Sherriff:- Duncan
Cotterill, Second Defendant
YES DISCONTINUED 15/09/2016
CIV-2014-409-000229 Ji & Gao v Earthquake
Commission & Lumley General
Insurance (N.Z.) Limited
General
Proceeding
Property in Ottawa Road, Wainoni. Covered under Lumley Westpac Bank policy. Damaged in September 2010,
February 2011 and June 2011. The plaintiffs allege that the economic option is to rebuild at a cost of $679,733. The
plaintiffs claim $341,550 (plus damages, interest and costs) from the first defendant and $334,733 (plus stress
payment of $1000, damages, interest and costs) from the second defendant.
30/04/2014 Grant Shand:- Plaintiffs
Nikolas Bruce-Smith/John Knight:-Chapman
Tripp, First Defendant
Andrea Challis:- McElroys, Second
Defendant
YES DISCONTINUED 02/03/2016
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2014-409-000228 Houghton & Swale v
Earthquake Commission &
Lumley General Insurance
(N.Z.) Limited
General
Proceeding
Property in Lyndhurst Crescent, Aranui. Covered under Lumley Westpac Bank policy. Damaged in February 2011.
The plaintiffs allege that the economic option is to rebuild at a cost of $640,854. The plaintiffs claim $96,850 (plus
damages, interest and costs) from the first defendant and $525,854 (plus $1000 stress payment, damages, interest
and costs) from the second defendant.
30/04/2014 Grant Shand:- Plaintiff
John Knight:- Chapman Tripp, First
Defendant
Andrea Challis:- McElroys, Second
Defendant
YES DISCONTINUED 25/11/2016
CIV-2014-409-000227 Van Hulten v Tower Insurance
Limited
General
Proceeding
Property in Pinaster Place, Parklands. Covered under Tower policy. Damaged in September 2010 and February
2011. The plaintiffs allege that the economic option is to rebuild the house at a cost of $1,165,401.61. The plaintiffs
claim $1,015,365.29 (plus damages, interest and costs) from the defendant.
30/04/2014 Grant Shand:- Plaintiffs
Matthew Harris:- Gilbert Walker, Defendant
YES DISCONTINUED 20/04/2016
CIV-2014-409-000226 Elliot v Earthquake Commission
& Lumley General Insurance
(N.Z.) Limited
General
Proceeding
Property in Howe Street, New Brighton. Covered under Lumley Westpac Bank policy. Damaged in September 2010
and Feburary 2011. The plaintiff alleges that the economic option is to rebuild at a cost of $454,980. The plaintiff
claims $179412 (plus damages, interest and costs) from the first defendant and $224,980 (plus damages, interest
and costs) from the second defendant.
30/04/2014 Grant Shand:- Plaintiff
Andrea Challis:- McElroys, Defendant
YES DISCONTINUED 19/04/2016
CIV-2014-409-000225 Richards v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Property in Petrie Street, Richmond. Covered under AMI policy. Damaged in February 2011. The plaintiffs allege that
the economic option is to rebuild at a cost of $982,857. The plaintiffs claim $113,850 (plus damages, costs and
interest) from the first defendant and $869,007.98 (plus damages, costs and interest) from the second defendant.
30/04/2014 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Emily Walton:- Wynn Williams, Second
Defendant
YES DISCONTINUED 01/06/2016
CIV-2014-409-000209 Gay & Fletcher v Lumley
General Insurance (N.Z.)
Limited
General
Proceeding
Claim in respect of property in Rue de la Mare, Parklands, Christchurch. Covered under Lumley Westpac Bank policy.
Damaged in 4 September 2010 and 22 February 2011. The plaintiff alleges the cost to reinstate the proeprty to the
policy standard is approximately $650,000 (to be particularised). The plaintiff claims (declaratory relief, alternative)
$524,608.42 (plus $2000 landscaping, $2000 stress payment, $20,000 temporary accommodation costs, interest and
costs) from the defendant.
14/04/2014 Grant Shand:- Plaintiffs
Andrea Challis:- McElroys, Defendant
YES DISCONTINUED 26/08/2015
CIV-2014-409-000207 Sadat v Tower Insurance
Limited & Earthquake
Commission
General
Proceeding
Claim in respect of property in Victors Road, Hoon Hay, Christchurch. Covered under Tower home policy. Damaged
in September 2010 earthquake. The plaintiff claims that: the first defendant denies liability (damage below EQC cap),
and; the second defendant has not made payment. The plaintiff seeks full rebuild cost (plus damages and costs)
divided as between defendants.
11/04/2014 Kathryn Dalziel:- Taylor Shaw, Plaintiff
Matthew Harris:- Gilbert Walker, First
Defendant
John Knight/Jeremy Upson:- Chapmann
Tripp, Second Defendant
YES JUDGMENT - DEFENDED HEARING
06/07/2017
CIV-2014-409-000202 Square Holdings Limited v Vero
Insurance New Zealand Limited
General
Proceeding
Claim in respect of building in Cathedral Square. Damaged in February 2011 earthquake. Covered under Material
Damage and Business Interruption policy. The plaintiff alleges the building is a total loss due to: operation of law
(Canterbury Earthquake Recovery Act, Resource Management Act, etc.), and/or; the substantive damage to the
property. The plaintiff seeks relief in the way of a declaration that the defendant is liable to pay up to $16,100,000 (less
deductions, excl GST, plus interests and costs).
11/04/2014 Helen Smith & Chris Shannon:- Duncan
Cotterill, Plaintiff
Philippa Fee/ Andrew Durrant:- Jones Fee,
defendant
YES DISCONTINUED 24/11/2014
CIV-2014-409-000194 RWWNZ Properties Pty Limited
v IAG New Zealand Limited
General
Proceeding
Claim in respect of a building in Richmond Hill, Christchurch. Covered under IAG full replacement policy. Damaged in
earthquake events occurring in 2010 and 2011. The plaintiff contends that difference between its entitlement of
$115,000 under Earthquake Commission Act 1993 and the total cost to repair is $2,481,495.11. The plaintiff alleges
the defendant has not met its obligations under the policy in a timely manner and has failed to make payment. The
plaintiff seeks declarations regarding coverage and quantum plus damages, interest and costs.
8/04/2014 Stephen Rennie:- Rhodes & Co, Plaintiff
Rob Coltman:- Fortune Manning, Defendant
YES DISCONTINUED 09/06/2015
CIV-2014-409-000187 Stuart v Southern Response
Earthquake Services Limited
General
Proceeding
Claim in respect of property in Rocking Horse Road, Southshore. Covered under AMI policy. Damaged in 22
February 2011. EQC has paid its statutory cap. The plaintiff alleges the cost to rebuild is $822,436.02. The defendant
made an offer of $315,678. The plaintiff claims $709,345.02 (plus damages, interest and costs) from the defendant.
3/04/2014 Grant Shand, Plaintiffs
Emily Walton/Pip Allan:- Wynn Williams,
Defendant
YES DISCONTINUED 25/05/2015
CIV-2014-409-000186 Brazier & Wethey v Southern
Response Earthquake Services
Limited
General
Proceeding
Claim in respect of property in Circuit Street, Merivale. Covered under AMI policy. Damaged in 4 September 2010, 22
February 2011 and 23 December 2011. The plaintiff alleges the economic option is to rebuild at a cost of
$1,692,307.69. The plaintiff claims $1,583,872.04 (plus damages, interest and costs) from the defendant.
3/04/2014 Grant Shand, Plaintiffs
Peter Leman:- DLA Piper, Defendant
YES DISCONTINUED 28/10/2016
CIV-2014-409-000185 Suter v Lumley General
Insurance (N.Z.) Limited
General
Proceeding
Claim in respect of property in in Bower Avenue, New Brighton. Covered under Lumley Westpac Bank policy.
Damaged in 22 February 2011. The plaintiff alleges the economic option is to rebuild at a cost of $893,647.67. The
plaintiff claims: (1) $113,850 (plus damages, costs and interest) from the first defendant, and; (2) $778,447.67 (plus
stress payment, damages, interest and costs) from the second defendant.
3/04/2014 Grant Shand, Plaintiff
Andrea Challis/Kristal Rowe:- McElroys-
Defendant
YES DISCONTINUED 18/11/2015
CIV-2014-409-000172 Lee & Lu v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Claim in respect of property in Ravensdale Rise, Westmorland. Covered under IAG ASB Bank policy. Damaged in
September 2010, February 2011 and December 2011. The plaintiffs allege the property must be rebuilt at a cost of
$590,295.00. The plaintiffs claim the rebuild sum (plus interest, damages, other relief and costs) from the first
defendant and second defendant.
19/03/2014 Duncan Webb/Michael Bendall:- Lane
Neave, Plaintiff
John Knight/Armando Neris:- Chapman
Tripp, First Defendant
Peter Leman/Emma Gabor:- DLA Piper,
Second Defendant
YES DISCONTINUED 09/12/2014
CIV-2014-409-000128 Robinson & Firth v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Claim in respect of property in Wainoni Road, Avondale. Covered under State Insurance policy. Damaged in
September 2010, February 2011 and June 2011. The plaintiff alleges the cost to reinstate the property is
$969,961.55. The plaintiff claims: (1) $341,550 (plus general damages, interest and costs) from the first defendant,
and; (2) $624,961.55 (plus $1000 stress payment, general damages, interest and costs) from the second defendant.
7/03/2014 Grant Shand, Plaintiff
John Knight/Rebecca Dixon, Chapman
Tripp:- First Defendant
Catherine Jamieson, Young Hunter:- Second
Defendant
YES DISCONTINUED 15/01/2016
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2014-409-000127 Webster & Jones v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Claim in respect of property in Bowenvale Avenue, Cashmere. Covered under AMI policy. Damaged in February
2011. The plaintiff alleges the cost to reinstate the property is $292,901.07 (for the dwelling) and $339,188.59 (for
“external works”, including retaining walls). The plaintiff claims: (1) $113,850 (plus general damages, interest and
costs) from the first defendant, and; (2) respective sums of $117,901.07 and $339,188.59 (plus general damages,
interest and costs) from the second defendant.
7/03/2014 Grant Shand, Plaintiff
John Knight/Bridgette Martin:- Chapman
Tripp, First Defendant
Sarah Waggott:- Wynn Williams, Second
Defendant
YES DISCONTINUED 07/12/2015
CIV-2014-409-000124 Body Corporate 78462 v IAG
New Zealand Limited &
Earthquake Commission
General
Proceeding
Claim in respect of an apartment complex made up of 5 buildings. Covered under NZI policies over two renewal
periods. Damaged in February 2011 and June 2011. EQC paid cap payment in part. Defendant has paid its
calculated indemnity value. The plaintiff alleges that the defendant has failed to make further payment based on its
policy obligation to pay "Actual Replacement" value. The plaintiff claims the sum assessed as the loss caused by the
February 2011 earthquake, and; the "Actual Replacement" value due to total loss caused by the June 2011
earthquake (sums presently unquantified).
6/03/2014 Hugh Matthews:- White Fox and Jones,
Plaintiff
Chris Hlavac:-Young Hunter, Defendant
YES DISCONTINUED 29/05/2018
CIV-2014-409-000123 Hornby Tower Holdings Limited
v IAG New Zealand Limited
General
Proceeding
Claim in respect of a six level commercial office building. Covered under NZI policy over two renewal periods. Plaintiff
says it provided expert reports and repair methodologies to the defendant. Plaintiff alleges that the defendant has
failed to approve repairs or proposed repair methodologies that would reinstate to the requisite condition under the
policy. Plaintiff seeks declaration that it is entitled to reinstatement by completion of repair works, other required works
to meet compliance and costs and expenses (plus interest and costs). Relief sought is delcaratory only.
6/03/2014 Hugh Matthews:- White Fox and Jones,
Plaintiff
P Leman/E Gabor:- DLA Piper, Defendant
YES DISCONTINUED 11/06/2014
CIV-2014-409-000105 Independent Fisheries Ltd v The
Minister for Canterbury
Earthquake Recovery & Ors
Judicial Review The applicant challenges the lawfulness of the respondent’s use of powers under ss 24 & 27 of the CER Act and the
introduction of the Land Use Recovery Plan (LURP). The applicant argues: (1) that the provisions that introduce the
airport noise corridor fall outside the proper scope of the LURP; (2) the provisions of LURP that restrict subsequent
amendments and the exercise of powers under the Act is a disproportionate use of power because of imbalance
between the rights of the applicant and earthquake recovery, termination of the right of access to the Environment
Court and the entrenched nature of the measures taken by the respondent; (3) the respondent did not take into
account the necessity of, and reasonable alternatives to, the measures; (4) the respondent did not take into account
the position of the applicant, and; (5) the measures taken by the respondent were procedurally unfair, and; (6) the
measures taken fall outside the purposes of the Act. The applicant seeks: (1) orders setting aside the provisions of the
LURP and the directions under s 24; (2) orders setting aside the s 27 revocation of the former provisions to enable
appeals to continue to the Environment Court, and; (3) declaration that the introduction of the airport noise corridor is
beyond the proper purpose of the Act.
27/02/2014 Francis Cooke QC, Thorndon Chambers &
Pru Stevens, Canterbury Chambers (and R
Smedley, Anthony Harper) , Applicant
David Goddard QC, Thorndon Chambers
(and Ken Stephens and Anna Jacobs,
Crown Law), Respondent
Jared Ormsby:- Wynn Williams, Second
Respondents
Ben Williams:- Chapman Tripp,
intervener(Chch int airport)
YES JUDGMENT - DEFENDED HEARING
12/11/2014
COURT OF APPEAL MILESTONES:
CA721/14
Filed 10/12/14
Abandoned 17/3/15
CIV-2014-409-000093 Emmons Developments New
Zealand Limited v Mitsui
Sumitomo Insurance Co Limited
General
Proceeding
Claim in respect of Grant Thornton Building, Catherdral Square. Insured under Mitsui Business Package Policy.
Damaged in February and June 2011. Building was within CERA cordon until demolition (carried out by CERA
pursuant to ss 38 & 40 of the CER Act). Plaintiff alleges breach of contract relating to failure to pay full indemnity
value, demolition costs and other costs. Plaintiff claims: (1) indemnity value of $49.5m (plus GST, minus $14.85m
paid), and; (2) damages or interest since 30 June 2011, and; (3) demolition costs of $1,685,624.45 together with
interest, and ;(4) further demolition costs. Further, plaintiff seeks declarations relating to: (a) the carrying out repair
work with reasonable dispatch, and; (b) whether the defendant is obliged to pay indemnity value or the cost of
replacement of an equivalent building, or, the cost of restoring the damaged part on an old-for-new basis.
25/02/2014 Peter Woods:- Anthony Harper, Plaintiff
Grant MacDonald/Anna McElhinney:-DLA
Piper, Defendant
YES DISCONTINUED 17/07/2015
CIV-2014-409-000080 McAlister & Payne v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Claim in respect of property in Shortland Street, Wainoni. Covered under AMI policy. Damaged in February 2011. The
plaintiff alleges the cost to reinstate the property is $1,011,313. The plaintiff claims: (1) $113,850 (plus general
damages, interest and costs) from the first defendant, and; (2) $896,313 (plus general damages, interest and costs)
from the second defendant.
18/02/2014 Grant Shand, Plaintiff
John Knight/Bridgette Martin:- Chapman
Tripp, First Defendant
Richard Johnstone:- Wynn Williams, Second
Defendant
YES DISCONTINUED 17/02/2016
CIV-2014-409-000079 Wilson v Earthquake
Commission & Tower Insurance
Limited
General
Proceeding
Claim in respect of property in Warrington Street, Mairehau. Covered under Tower ANZ Bank policy. Damaged in
February 2011. The plaintiff alleges the cost to reinstate the property is $772,099.94. The plaintiff claims: (1) $113,850
(plus general damages, interest and costs) from the first defendant, and; (2) $657,099.94 (plus general damages,
interest and costs) from the second defendant.
18/02/2014 Grant Shand, Plaintiff
John Knight/Brendon Orr:- Chapman Tripp,
First Defendant
Martin Smith:- Glbert Walker, Second
Defendant
YES DISCONTINUED 03/06/2016
CIV-2014-409-000070 Tweedie v Southern Response
Earthquake Services Limited
General
Proceeding
Claim in respect of red-zoned property in Lower Styx Road, Brooklands. Covered under AMI policy. Damaged in
September 2010. The plaintiff alleges the cost of reinstatement is $850,000 which makes the property uneconomic to
repair. The plaintiff claims $735,000 (plus general damages, interest and costs) from the defendant.
17/02/2014 Grant Shand, Plaintiff
EJ Walton/PipAllan:-Wynne Williams,
Defendant
YES DISCONTINUED 18/03/2015
CIV-2014-409-000032 Tumblar Products Limited v
Vero Insurance New Zealand
Limited & IAG New Zealand
Limited
General
Proceeding
Claim in respect of business interruption losses. The plaintiff conducted business out of buildings in Pages Road,
Wainoni. Covered under Vero & IAG policies. Damage occurred in September 2010, February 2011, June 2011 and
December 2011. Plaintiff alleges defendants have breached the policy by failure to pay for all business interruption
loss and Claims Preparations Costs. Plaintiff seeks declaration of business interruption entitlement to $3,467,547 (plus
interest and costs) and other related orders.
22/01/2014 Stephen Rennie/Ed Bayley:- Rhodes & Co,
Plaintiff
Peter Hunt:- McElroys, Defendants
YES DISCONTINUED 24/11/2014
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2014-409-000025 Prain & Leslie v Earthquake
Commission & Vero Insurance
New Zealand Limited
General
Proceeding
Claim in respect of property in Clifton Terrace, Clifton. Damaged in September 2010, February 2011 and December
2011. Covered under Vero policy. Plaintiffs allege the cost to reinstate the house is $2,126,833.56. The plaintiff
claims: (1) $455,000 plus general damages, interest and costs from the first defendant, and; (2) $1,664,833.52 plus
$2000 landscaping costs, $10000 retaining wall costs, general damages, interest and costs from the second
defendant.
20/01/2014 Grant Shand, Plaintiff
John Knight/Hadleigh Pedler:- Chapman
Tripp, First Defendant
YES DISCONTINUED 03/02/2017
CIV-2014-409-000010 McMullan v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Claim in respect of property in Sumner Road, Lyttleton. Damaged in September 2010, February 2011 and June 2011.
Covered under an IAG insurance policy. Plaintiff alleges the property is uneconomic to repair and must be rebuilt.
Plaintiff claims: (1) $80,980.15 plus costs, interest and other relief from the first defendant, and; (2) $529,228.93 plus
general damages, loss of rent, costs, interest and other relief from the second defendant.
16/01/2014 Andrew Hooker:- Shine Lawyers, Plaintiff
Kate Sheehan:- Fortune Manning, Second
Defendant
John Knight/ Beth Murphy:- Chapman Tripp,
First Deft
YES DISCONTINUED 03/03/2017
CIV-2014-409-000009 Jenness & Hawkins v Vero
Insurance New Zealand Limited
General
Proceeding
Claim in respect of twelve residential flats in Woodham Street, Avonside. Covered under Vero policy. Damaged in
September 2010 and February 2011. Plaintiffs allege the defendants’ position is that the sum insured amount includes
regulatory compliance costs and demolition costs. Plaintiffs argue that the policy wording excludes these additional
costs from the sum insured therefore the defendant is liable in contract, and; under Fair Trading Act 1986 and
Consumer Guarantees Act 1993. Plaintiffs claim $1,090,300 plus other relief, interest and costs.
16/01/2014 Andrew Hooker:- Shine Lawyers, Plaintiff
Peter Hunt:- McElroys, Defendant
YES DISCONTINUED 04/09/2014
CIV-2014-404-003362 Kenna & Gordon v Lumley
General Insurance (N.Z.)
Limited
General
Proceeding
(transferred from
the Auckland
registry)
Property at Morgans Valley, Heathcote Valley. Covered under Westpac Bank policy. Damaged in February 2011. The
plaintiffs say the cost to repair the property is $1,346,581 (including fees and GST). The plaintiffs have been paid an
over-cap payment by EQC. The plaintiffs claim $1,161,786 (plus $1000 stress payment, damages, $20,000 temporary
accommodation, interest and costs) from the defendant.
23/12/2014 Grant Shand:- Plaintiffs
Peter Leman/Emma Gabor:- DLA Piper,
Defendant
YES STRUCK OUT 27/10/2016
CIV-2014-009-000987 Bushby & New Zealand Trustee
Services Limited (as trustees) v
Brown & Earthquake
Commission & Tower Insurance
Limited
General
Proceeding
(transferred from
District Court)
Property at Harrall Place, Kaiapoi. Covered under Tower policy. Damaged in September 2010, February 2011 and
December 2012. The plaintiffs say its EQC claim was referred to the Canterbury Home Repair Programme (CHRP)
operated by Fletchers EQR. The plaintiff signed a construction contract for repairs with the first defendant. The plaintiff
says the first defendant did not carry out repairs in accordance with the contract for repairs and failed or refused to
remedy the work. In respect of the second and third defendants, the plaintiff says the property is uneconomic to repair
and must be rebuilt at a cost of $766,423.25. The plaintiff claims $51,799.20 (plus damages, interest and costs) from
the first defendant; $212,875.10 (plus damages, interest and costs) from the second defendant; and, $536,423.25
(plus damages, interest and costs) from the third defendant.
17/04/2014 19/12/2014 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Matthew Harris:- Gilbert Walker, Second
Defendant
YES DISCONTINUED 26/06/2017
CIV-2013-409-001784 Kay & Johns v Tower Insurance General
Proceeding
Claim in respect of red-zoned property in Charon Street, Brooklands. Covered under Tower policy. Damaged in
September 2010 and February 2011. The plaintiff alleges the defendant has failed to properly assess the damage,
repair methods and costs required for the property. Issues of post-repair floor levels, application of MBIE guidelines in
relation to the policy wording and method of settlement quantification raised in statement of claim. The plaintiff claims:
Declaration the house is uneconomic to repair and must be rebuilt by defendant (or an order for approx $603,660.45),
general damages, damages for costs arising from breach, other relief and costs.
23/12/2013 Geoffrey Falloon:- Cameron & Co & Kevin
Sullivan, Plaintiff
Matthew Harris:- Gilbert Walker. Defendant
YES DISCONTINUED 22/10/2014
CIV-2013-409-001781 LWR Durham Properties
Limited v Vero Insurance New
Zealand Limited & IAG New
Zealand Limited
General
Proceeding
Claim in respect of property in Orbell Street, Sydenham. Covered under a Replacement Value policy. Damaged in
September 2010, October 2010, December 2010, February 2011, April 2011 and 13 & 21 June 2011. The plaintiff
alleges the defendant has incorrectly paid market value when the policy wording requires replacement cost less
depreciation. The plaintiff claims $40,485,652 replacement cost (minus $1,905,000 paid to date), claims preparation
costs, professional fees, adjustment of deductible, interest and costs.
23/12/2013 Stephen Rennie/T Brito:- Rhodes & Co,
Plaintiff
Cecily Brick:- Jones Fee, First and Second
Defendants
YES DISCONTINUED 10/08/2017
CIV-2013-409-001780 The Best Little Lawhouse
Limited v OFS Insurance
Brokers Limited & Altus
Financial Services Limited &
Webb Farry & Ors
General
Proceeding
Claim in respect of three buildings in Colombo Street. Plaintiff alleges negligence and breach of contract because
while arranging insurance the defendant broker: (1) Failed to act with reasonable speed; inform of conditions
precluding renewal; advise on insurance coverage; take all reasonable steps to reinsure, and: (2) Arranged insurance
with an insurer (now in liquidation) with a higher risk profile than original insurer. Plaintiff claims up to amount that
would have been paid by original insurer, reasonably foreseeable losses, damages, interest and costs.
23/12/2013 Peter Woods:- Anthony Harper, Jonathan
Orpin, Plaintiff
Jonathan Orphin:- Stout Street, Defendant
Michaela Ryan:- Solomons, Second
Defendant
Diccon Sim:- Gallaway Cook Allan, Sixth
third party
Philippa Fee:- Fee Langstone, Seventh Third
Party
YES DISCONTINUED 18/07/2018
CIV-2013-409-001778 Vasilchenko v IAG New Zealand
Limited
General
Proceeding
Claim in respect of property in Foresters Crescent, Parklands. Covered under BNZ policy. Damaged in February 2011
and December 2011. The plaintiffs allege the cost of reinstatement would be $1,463,176.91. The plaintiffs claim
$1,344,365.89 (plus general damages, interest and costs) from the defendant.
23/12/2013 Grant Shand:- Plaintiff
Helen Smith/Julie Maslin-Caradus:- Duncan
Cotterill, Defendant
YES DISCONTINUED 22/09/2015
CIV-2013-409-001776 Zhang & Xue v IAG New
Zealand Limited
General
Proceeding
Claim in respect of property in Wedmore Close, Burwood. Covered under ASB policy. Damaged in February 2011.
The plaintiffs allege the cost of reinstatement would be $1,276,158.31. The plaintiffs claim $1,161,158.31 (plus
general damages, interest and costs) from the defendant.
23/12/2013 Grant Shand:- Plaintiff
Catherine Jamieson:- Young Hunter,
Defendant
YES DISCONTINUED 02/02/2015
CIV-2013-409-001775 He v Earthquake Commission &
Offshore Market Placements
Limited
General
Proceeding
Claim in respect of property in Selwyn Street, Addington. Covered under Material Damage Policies. Damaged in
September 2010, February 2011 and June 2011. The plaintiff alleges the cost to reinstate the property is
approximately $951,659.89. The plaintiff claims: (1) $297,948.51 (plus general damages, interest and costs) from the
first defendant, and; (2) $361,354.58 (plus general damages, interest and costs) from the second defendant.
23/12/2013 Chris Boys:- Assure Legal, Plaintiff
John Knight & Beth Murphy:- Chapman
Tripp, First Defendant
Rob Coltman/Simon Connolly:- Fortune
Manning, Second Defendant
YES JUDGMENT - DEFENDED HEARING
04/09/2017
COURT OF APPEAL MILESTONES:
CA567/17
Filed 11/10/17
Abandoned 24/1/18
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2013-409-001774 Gorzeman v Lumley General
Insurance(NZ) Limited
General
Proceeding
Claim in respect of property in Deloraine Street, Somerfield. Covered under Lumley policy. Damaged in February
2011. The plaintiff alleges the property is uneconomic to repair and must be rebuilt. The plaintiff claims: (1)
$12,890.25 (plus general damages, interest and costs) from the first defendant, and; (2) $968,894.10 (plus general
damages, interest and costs) from the second defendant.
23/12/2013 Grant Shand:- Plaintiff
John Knight/Sarah Lester:- Chapman Tripp,
First Defendant
Andrea Challis/Kristal Rowe:- McElroys,
Second Defendant
YES DISCONTINUED 15/07/2015
CIV-2013-409-001773 Harding-Browne v Earthquake
Commission & Southern
Response
General
Proceeding
Claim in respect of property in Port Hills Road, Heathcote Valley. Covered under AMI policy. Damaged in September
2010, February 2011 and June 2011. The plaintiffs allege the property is uneconomic to repair and must be rebuilt.
The plaintiffs claim: (1) $341,550 (plus general damages, interest and costs) from the first defendant, and; (2)
$928,627.18 (plus general damages, interest and costs) from the second defendant.
23/12/2013 Grant Shand:- Plaintiff
John Knight/Rebekah Dixon:- Chapman
Tripp, First Defendant
EJ Walton:-Wynne Williams Second
Defendant
YES STRUCK OUT 14/10/2015
CIV-2013-409-001772 Boreham v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Claim in respect of property in Hellers Crescent, Aranui. Covered under AMI policy. Damaged in February 2011. The
plaintiff alleges the property is uneconomic to repair and must be rebuilt. The plaintiff claims: (1) $113,850 (plus
general damages, interest and costs) from the first defendant, and; (2) $429,994.25 (plus general damages, interest
and costs) from the second defendant.
23/12/2013 Grant Shand:- Plaintiff
John Knight/Sarah Lester:- Chapman Tripp,
First Defendant
EJ Walton:-Wynne Williams Second
Defendant
YES DISCONTINUED 03/11/2015
CIV-2013-409-001752 Moller & Zheng v Earthquake
Commission & Tower Insurance
Limited
General
Proceeding
Claim in respect of property in Glastonbury Drive, Burwood. Covered under Amsure policy. Damaged in February
2011. The plaintiff alleges the cost to reinstate the property would be $969,963.56. The plaintiff claims: (1) $76,503.03
(plus general damages, interest and costs) from the first defendant, and; (2) $854,963.56 (plus general damages,
interest and costs) from the second defendant.
18/12/2013 Grant Shand:- Plaintiff
John Knight/Hadleigh Pedler. Chapman
Tripp, First Defendant
Matthew Harris:- Gilbert Walker, Second
Defendant
YES DISCONTINUED 29/03/2016
CIV-2013-409-001751 Currin v IAG New Zealand
Limited
General
Proceeding
Claim in respect of property in Champion Street, Edgeware. Covered under BNZ policy. Damaged in September 2010
and February 2011. The plaintiff alleges the property is uneconomic to repair and must be rebuilt. The plaintiff claims
$1,577,984.55 (plus general damages, interest and costs) from the defendant.
18/12/2013 Grant Shand:- Plaintiff
Peter Leman/Shane Swinherd:- DLA Piper,
defendant
YES DISCONTINUED 09/01/2014
CIV-2013-409-001748 Hanson & Hintz v Tower
Insurance Limited
General
Proceeding
Claim in respect of property in Broadhaven Avenue, Parklands. Covered under Tower policy. Damaged in September
2010 and February 2011. The plaintiffs claim the property is uneconomic to repair and must be rebuilt. The plaintiff
claims $1,111,107.89 (plus general damages, interest and costs) from the defendant.
18/12/2013 Grant Shand:- Plaintiff
Matthew Harris:- Gilbert Walker, Defendant
YES DISCONTINUED 26/11/2015
CIV-2013-409-001747 Potter v Earthquake
Commission & Vero Insurance
New Zealand Limited
General
Proceeding
Claim in respect of property in Vogel Street, Richmond. Covered under MaxiPlan Home Policy Document. Damaged
in September 2010, February 2011 and June 2011. The plaintiff alleges the cost to reinstate the property is $557,765.
The plaintiff claims: (1) $282,918.64 (plus general damages, interest and costs) from the first defendant, and; (2)
$273,987.60 (plus $2000 landscaping costs, general damages, interest and costs) from the second defendant.
18/12/2013 Grant Shand:- Plaintiff
John Knight/Beth Murphy:- Chapman Tripp,
First Defendant
James Dymock:- Jones Fee, Second
Defendant
YES DISCONTINUED 25/09/2015
CIV-2013-409-001742 Bayley v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Claim in respect of property in Rawson Street, New Brighton. Covered under BNZ policy. Damaged in February 2011.
The plaintiff alleges the cost to reinstate the property is $718,475.42. The plaintiff claims: (1) $113,850 (plus general
damages, interest and costs) from the first defendant, and; (2) $603,225.42 (plus $2000 stress payment, general
damages, interest and costs) from the second defendant.
16/12/2013 Grant Shand:- Plaintiff
John Knight:- Chapman Tripp, First
Defendant
Peter Leman/Anna Robinson:- DLA Piper,
Second Defendant
YES DISCONTINUED 01/05/2015
CIV-2013-409-001741 Hanson & Hintz v The
Earthquake & Lumley General
Insurance (NZ) Limited
General
Proceeding
Claim in respect of property in Retreat Road, Avonside. Covered under Westpac policy. Damaged in September
2010, February 2011 and June 2011. The plaintiff alleges the property is uneconomic to repair and must be rebuilt.
The plaintiff claims: (1) $195,657.87 (plus general damages, interest and costs) from the first defendant, and; (2)
$576,635.83 (plus $1000 stress payment, general damages, interest and costs) from the second defendant.
16/12/2013 Grant Shand:- Plaintiff
John Knight/Hadleigh Pedler:- Chapman
Tripp, First Defendant
Andrea Challis/Kristal Rowe:- McElroys,
Second Defendant
YES DISCONTINUED 10/03/2017
CIV-2013-409-001740 Thomson v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Claim in respect of property in Aylesford Street, Mairehau. Covered under State policy. Damaged in February 2011.
The plaintiff alleges the property is uneconomic to repair and must be rebuilt. The plaintiff claims: (1) $113,850 (plus
general damages, interest and costs) from the first defendant, and; (2) $332,156.61 (plus $1000 stress payment,
general damages, interest and costs) from the second defendant.
16/12/2013 Grant Shand:- Plaintiff
John Knight/Hadleigh Pedler:- Chapman
Tripp, First Defendant
Rick Hargreaves/Geoff Turner:- Fortune
Manning, Second Defendant
YES DISCONTINUED 25/06/2015
CIV-2013-409-001738 Neale v AA Insurance Limited General
Proceeding
Claim in respect of property in Westminster Street, Mairehau. Covered under AA policy. Damaged in September 2010
and February 2011. The plaintiff alleges offer by the defendant of $208,567.82 is insufficient to reinstate. The plaintiff
claims $933,460.10 (plus general damages, interest and costs).
16/12/2013 Grant Shand:- Plaintiff
Alan Sherlock/Nick Gillies:- Hesketh Henry,
Defendants
YES DISCONTINUED 12/01/2016
CIV-2013-409-001737 Bradford v IAG New Zealand
Limited
General
Proceeding
Claim in respect of property in Cuffs Road, Wainoni. Covered under State policy. Damaged in September 2010 and
February 2011. The plaintiff alleges the property is uneconomic to repair and must be rebuilt. The plaintiff claims
$618,854.15 (plus general damages, interest and costs from the defendant).
16/12/2013 Grant Shand:- Plaintiff
Peter Leman/Anna McElhinney:- DLA Piper,
Defendant
YES DISCONTINUED 02/09/2014
CIV-2013-409-001736 Beasley v Earthquake
Commission & Lumley General
Insurance (NZ) Limited
General
Proceeding
Claim in respect of property in Malta Crescent, South New Brighton. Covered under Westpac policy. Damaged in
September 2010, February 2011 and December 2011. The plaintiff alleges the property is uneconomic to repair and
must be rebuilt. The plaintiff claims: (1) $226,993.52 (plus general damages, interest and costs) from the first
defendant, and; (2) $574,146.40 (plus $1000 stress payment, general damages, interest and costs) from the second
defendant.
16/12/2013 Grant Shand:- Plaintiff
John Knight/Beth Murphy:- Chapman Tripp,
First Defendant
Andrea Challis/Kristal Rowe:- McElroys,
Second Defendant
YES DISCONTINUED 16/05/2016
CIV-2013-409-001735 Stewart & Anderson v Tower
Insurance Limited
General
Proceeding
Claim in respect of property in Flemington Avenue, North New Brighton. Covered under ANZ policy. Damaged in
September 2010 and February 2011. The plaintiff alleges the property is uneconomic to repair and must be rebuilt.
The defendant offered to pay repair cost of $108,370.43. Plaintiff claims reinstatement costs of $436,125.93 (plus
general damages, interest and costs) from the defendant.
16/12/2013 Grant Shand:- Plaintiff
Martin Smith:- Gilbert Walker, Defendant
YES DISCONTINUED 28/08/2014
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2013-409-001734 Firth Investments Limited v
Earthquake Commission & IAG
New Zealand Limited
General
Proceeding
Claim in respect of property in Moncks Spur, Redcliffs. Covered under BNZ policy. Damaged in September 2010,
February 2011 and June 2011. Plaintiff alleges property is uneconomic to repair and must be rebuilt. Plaintiff claims
(1) $341,550 (plus interest and costs) from the first defendant, and; (2) $470,233.59 (plus interest and costs) from the
second defendant.
16/12/2013 Malcolm Wallace:- Plaintiff
Geoff Carter:- Chapman Tripp, First
Defendant
Simon Connolly: - Duncan Cotterill, Second
Defendant
YES DISCONTINUED 17/05/2019
CIV-2013-409-001733 Marley v Earthquake
Commission & Lumley General
Insurance (NZ) Limited
General
Proceeding
Claim in respect of property in Belmont Street, Avondale. Covered under Westpac home policy. Damaged in
February 2011 and June 2011. Plaintiff alleges property is uneconomic to repair and must be rebuilt. Plaintiff claims
(1)$172,058.35 (plus general damages, interest and costs) from the first defendant, and; (2) up to $447,464.54 (plus
$1000 stress payment, general damages, interest and costs) from the second defendant.
16/12/2013 Grant Shand:- Plaintiff
John Knight/Grace Rippingale, Chapman
Tripp, First Defendant
Andrea Challis/Kristal Rowe:- McElroys,
Second Defendant
YES DISCONTINUED 22/09/2015
CIV-2013-409-001732 Pearce v Tower Insurance
Limited
General
Proceeding
Claim in respect of property in Palmers Raod, New Brighton. Covered under Tower policy. Damaged in September
2010 and February 2011. Plaintiff alleges property is uneconomic to repair and must be rebuilt. Plaintiff claims
$789,111.15 (plus general damages, interest and costs) from the defendant.
16/12/2013 Grant Shand:- Plaintiff
Martin Smith:- Gilbert Walker, Defendant
YES DISCONTINUED 07/05/2015
CIV-2013-409-001731 Belair Holdings Limited v
Southern Response Earthquake
Services Limited
General
Proceeding
Claim in respect of property in Travis Country Drive, Burwood. Covered under AMI policy. Damaged in September
2010 and February 2011. Plaintiff alleges property is uneconomic to repair and must be rebuilt. Plaintiff claims
$1,199,051.30 (plus general damages interest and costs)
16/12/2013 Grant Shand:- Plaintiffs
Emily Walton:- Wynn Williams, Defendant
YES DISCONTINUED 14/11/2016
CIV-2013-409-001730 Johnstone v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Claim in respect of property in Norwwod Steet Beckenham. Covered under State policy. Damaged in September
2010 and February 2011. Plaintiff alleges property is uneconomic to repair and must be rebuilt. Estimated
reinstatement cost of $760,000. Plaintiff claims (1) $227,700 (plus general damages, interest and costs) from first
defendnatn, and: (2) $ 530,964.29 (plus general damages, interest and costs) from second defendant.
16/12/2013 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Christopher Hlavac:- Young Hunter, Second
Defendant
YES DISCONTINUED 15/06/2015
CIV-2013-409-001714 Ward v Southern Response
Earthquake Services Limited
General
Proceeding
Claim in respect of property in Prestons Road, Marshlands. Covered under policy. Damaged in February 2011.
Plaintiff alleges defendant disputed rebuild costs resulting in change from rebuild to repair. Plaintiff claims (1)
$2,335,676.54 (rebuild costs minus EQC payment), and; (2) general damages of $50,000 ($25,000 per plaintiff), plus
interest and costs.
5/12/2013 Michael Wolff/Matthew Josephson:
Grimshaw and Co, Plaintiff
Emily Walton & Sarah Waggot, Wynn
Williams:- Defendant
YES DISCONTINUED 22/07/2014
CIV-2013-409-001693 Rentals NZ Limited v
Earthquake Commission & IAG
New Zealand Limited
General
Proceeding
Claim in respect of property in Gloucester Street Linwood. Covered under NZI policy. Damaged in September 2010
and February 2011. To remediate, estimated cost of $849,000. Plaintiff claims (1) $197,976 (plus interest and costs)
from first defendant, and; (2) $649,782.2 (plus $2000 stress payment, interest and costs) from the second defendant.
22/11/2013 Grant Shand:- Plaintiff
Bruce Scott:- Chapman Tripp, First
Defendant
Grant Macdonald:- DLA Piper, Second
Defendant
YES DISCONTINUED 04/04/2016
CIV-2013-409-001692 Bell v EQC & IAG NZ Limited General
Proceeding
Claim in respect of property in Mackenzie Avenue, Woolston. Covered under State policy. Damaged in September
2010 and February 2011 earthquakes. Alleged cost of remediation to “as new” condition $924,422, claimed against
defendants (less excesses). Seeks $227,700 from first defendant and $693,000 from Second Defendant.
21/11/2013 Grant Shand:- Plaintiff
John Knight/Beth Murphy:- Chapman Tripp,
First Defendant
Catherine Jamieson/Megan Gall:- Young
Hunter, Second Defendant
YES DISCONTINUED 07/09/2015
CIV-2013-409-001691 Staples v EQC & AA Insurance
Limited
General
Proceeding
Claim in respect of property in North Avon Road, Richmond. Covered under AA policy. Damaged in February 2011
earthquake event. Alleged remediation cost $829,063, claimed against defendants (less excesses). Seeks $113,850
from First Defendant and $714,000 from Second Defendant.
21/11/2013 Grant Shand:- Plaintiff
Bruce Scott/Linda Clark:- Chapman Tripp,
First Defendant
Greg Jones:- Jones Fee, Second Defendant
YES DISCONTINUED 15/10/2015
CIV-2013-409-001690 Lawry v EQC & IAG NZ Limited General
Proceeding
Claim in respect of house at Union Street, New Brighton. Covered under BNZ policy. Damaged in September 2010
and February 2011 earthquake events. Claim to restore house to “as new” condition $511,932 claimed against
defendants less excesses. Seeks $227,000 from First Defendant and $282,000 from Second Defendant.
21/11/2013 Grant Shand:- Plaintiff
Bruce Scott/Rebekah Dixon:- Chapman
Tripp, First Defendant
Rob Coltman/Kate Sheehan:-Fortune
Manning, Second Defendant
YES DISCONTINUED 03/03/2016
CIV-2013-409-001689 Murray v EQC & Vero Insurance General
Proceeding
Claim in respect of property at Rotten Row, Waikuku Beach. House covered by Vero policy. Damaged by December
2011 earthquake event. Claim for remediation of cost $546,593 against defendant’s, less excesses. Seeks $113,850
from first defendant and $431,000 from second defendant.
21/11/2013 Grant Shand:- Plaintiffs
John Knight/Bridgette Martin:- Chapman
Tripp, First Defendant
Alan Sherlock:- Hesket Henry, Second
Defendant
YES DISCONTINUED 24/05/2017
CIV-2013-409-001684 Wakefield v New Zealand
Insurance Limited
General
Proceeding
Claim in respect of property in Taylors Mistake Road, Sumner. Covered under NZI policy. Damaged in September
2010, February 2011, April 2011 and June 2011. Section 124 by CCC in February 2012. Damage spread between
two renewal periods. Plaintiff claims (1) not less than $13,233,849 (plus interest and costs) in respect of total loss and
(2) $130,420 for loss of rent.
21/11/2013 Ayleath Foote:- Duncan Cotterill, Plaintiffs
Christopher Hlavac:- Young Hunter,
Defendant
YES DISCONTINUED 05/03/2015
CIV-2013-409-001662 Tyalla Limited v BP Oil NZ
Limited
General
Proceeding
Claim in respect of contamination of plaintiff’s land adjacent to defendant’s service station at Clyde Road/Memorial
Avenue, Christchurch damaged in February earthquake event. Claim that value of the adjacent land has been
diminished, and for wasted expenditure. Total claim $1.74 million, brought in nuisance and negligence.
14/11/2013 Glenn Jones:- Lane Neave, Plaintiff YES DISCONTINUED 06/01/2014
CIV-2013-409-001651 Erickson v Earthquake
Commission & AA Insurance
Limited
General
Proceeding
Claim in respect of property at Palmers Road, New Brighton. Covered under SIS policy. Damaged in February 2011
earthquake event. Claim to remediate house $681,709 sought from defendants (less excesses). Seeks $112,000
from First Defendant and $566,000 from Second Defendant.
12/11/2013 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Alan Sherlock:- Hesket Henry, Second
Defendant
YES DISCONTINUED 18/10/2016
CIV-2013-409-001648 Pike v Earthquake Commission
& AA Insurance Limited
General
Proceeding
Claim in respect of property at Main Street, Oxford. Covered under AA policy. Damaged in September 2010 and
February 2011 earthquake events. Alleged remediation cost $375,978 sought from defendants. Seeks $212,000
from First Defendant and $145,000 from Second Defendant.
12/11/2013 Grant Shand:- Plaintiffs
John Knight/Sarah Lester:- Chapman Tripp,
First Defendant
Alan Sherlock:- Hesket Henry, Second
Defendant
YES DISCONTINUED 07/09/2016
CIV-2013-409-001647 Whitfield v Earthquake
Commission v IAG New Zealand
Limited
General
Proceeding
Claim in respect of property at Westcoast Road, Sheffield. Covered under a State policy. Damaged in September
2010 and February 2011 earthquake events. Claim for remediation cost of $430,123. Seeks $199,000 from first
defendant and $228,000 from second defendant.
12/11/2013 Grant Shand:- Plaintiffs
John Knight/Bidgette Martin:-Chapman
Tripp, First Defendant
Grant MacDonald/Anna McElhinny:-DLA
Piper, Second Defendant
YES DISCONTINUED 13/10/2015
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2013-409-001646 Price v Earthquake Commission
& Southern Response
Earthquake Services Limited
General
Proceeding
Claim in respect of property at Mackworth Street, Woolston. Covered by AMI policy. Damaged in September 2010
and February 2011 earthquake events. Claim to repair in accordance with policy would cost $533,133. Seeks
$217,000 from First Defendant and $152,000 from second defendant.
12/11/2013 Grant Shand:- Plaintiffs;
John Knight & Beth Murphy:- Chapman
Tripp, First Defendant
Grant MacDonald/Misha Henaghan:- DLA
Piper, Second Defendant
YES DISCONTINUED 12/05/2016
CIV-2013-409-001645 Yeo v Earthquake Commission
& IAG New Zealand Limited
General
Proceeding
Claim in respect of property at Kellys Road, Mairehau, Christchurch. Property insured under a BNZ Policy. Damaged
in the February 2011 earthquake event. Claim that reinstatement to “as new” condition would cost $700,303. Seeks
$113,850 from First Defendant and $584,000 from second defendant.
12/11/2013 Grant Shand:- Plaintiffs
Bruce Scott/Rebecca Dixon:- Chapman
Tripp, First Defendant
Catherine Jamieson:- Young Hunter, Second
Defendant
YES DISCONTINUED 10/03/2016
CIV-2013-409-001644 Duval v Earthquake Commission
& Southern Response
Earthquake Services Limited
General
Proceeding
Claim in respect of house at Gould Crescent, Woolston. House covered by AMI policy. Damaged in September 2010
and February 2011 earthquakes. Alleged costs to remediate $743,888. Seeks $227,000 from First Defendant and
$513,000 from Second Defendant.
12/11/2013 Grant Shand:- Plaintiffs
John Knight/Brendon Orr:- Chapman Tripp,
First Defendant
Grant Macdonald/Misha Henagan:- DLA
Piper, Second Defendant
YES DISCONTINUED 05/07/2016
CIV-2013-409-001643 Driessen v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Claim in respect of Meadow Street, Kaiapoi. House covered by AMI policy. Damaged in September 2010 and
February 2011 earthquakes. Alleged cost to remediate house on current site to “as new” condition $784,297. Seeks
$227,700 from First Defendant and $553,000 from Second Defendant.
12/11/2013 Grant Shand:- Plaintiffs
John Knight /Beth Murphy:- Chapman Tripp,
First Defendant
Andrea Challis /Kristal Rowe:- McElroys,
Second Defendant
YES DISCONTINUED 02/08/2016
CIV-2013-409-001642 Aileone v Earthquake
Commission & Vero Insurance
New Zealand Limited
General
Proceeding
Claim in respect of property at Wildberry Avenue, Woolston. Property covered by Vero policy. House damaged in
September 2010 and February 2011 earthquakes. Alleged remediation costs $877,592. Seeks $227,700 from First
Defendant and $647,000 from Second Defendant.
12/11/2013 Grant Shand:- Plaintiff
John Knight:- Chapman Tripp, First
Defendant
Alan Sherlock:- Hesketh Henry, Second
Defendant
YES DISCONTINUED 10/10/2016
CIV-2013-409-001641 McDonnell v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Claim in respect of property at Clark Street, Sumner. Property covered by AMI policy. Damaged in September 2010
and February 2011 earthquakes. Seeks that home be remediated to as new condition. Claim against EQC for
$158,000 and SRESL for $341,000.
12/11/2013 Grant Shand:- Plaintiff
John Knight/Sarah Lester:- Chapman Tripp,
First Defendant
G Macdonald and M Henaghan: DLA Piper -
Second Defendant
YES DISCONTINUED 08/03/2016
CIV-2013-409-001627 Rule v Southern Response
Earthquake Services Limited
General
Proceeding
Claim in respect of a house at Kingsford Street, Dallington, Christchurch damaged in September 2010 earthquake.
Covered by an AMI “Home Premier” policy. House damaged beyond economic repair. Plaintiff’s seeking
reinstatement. Dispute over rebuild cost. Plaintiff seeks cost of rebuilding on present site, estimated at $837,000.
Alleges offer by defendant inadequate.
11/11/2013 Duncan Webb/Kylie Graham:- Lane Neave,
Plaintiff
Grant Macdonald/Anna McElhinney:- DLA
Piper Defendant
YES DISCONTINUED 31/08/2015
CIV-2013-409-001594 Lui & Ye v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Claim in respect of proerty at Waimairi Road, Ilam. Covered under ASB policy. Damaged in September 2010,
February 2011 and June 2011. Plaintiff alleges first and second defendants have failed or refused to pay claim within
reasonable time. Plaintiffs claim costs of remediation: ($234, 937.32 (plus general damages, interest and costs) from
the first defendant, and; (2) $561,405.48 (plus general damages, interest and costs) from second defendant.
5/11/2013 Paul Cowey:- ParryField, Plaintiff
John Knight & Beth Murphy:- Chapman
Tripp, First Defendant
Rob Coltman/Simon Connolly:- Fortune
Manning, Second Defendant
YES DISCONTINUED 22/05/2018
CIV-2013-409-001571 Yarrall & Anor v Southern
Response Earthquake Services
Limited
General
Proceeding
Historic property in Woodham Road. Insured by defendant. Property damaged in Sept ’10 and June ’11 quakes.
Need rebuild. Parties signed agreement for def to lead rebuild – using recycled materials – to be completed by June
‘12. Plaintiff says def has resiled from agreement. Plaintiff seeks specific performance of agreement and additional
costs, compensation, aggravated damages.
24/10/2013 David Beck Law, Allan, Phillip:- Plaintiff
Emily Walton:- Wynn Williams, Defendant
Emily Walton:-Wynn Williams, defendant
YES DISCONTINUED 29/08/2014
CIV-2013-409-001570 Odeon Property Holdings
Limited v IAG New Zealand
Limited
General
Proceeding
Plaintiff owned Odeon Theatre – a listed heritage building. Insured with def. Damaged in Sept ’10 quake – repair
costs assessed at $1,254 m. Further damage in Dec ’10 quake – further costs to repair of $358 k. Further damage
in Feb ’11 - further costs to repair of $1,439 m. Plaintiff says each event is separate loss – subject to limit of $1 m
under policy – with automatic reinstatement. Plaintiff says total indemnity under policy is $2,358 m. Def has paid
$650,000 to receivers of plaintiff’s mortgagee. Did so without plaintiff’s consent. Def refuses to make further payment
to plaintiff. Plaintiff seeks $1.708 m, plus interest on a “reasonable cost of funds” basis.
23/10/2013 Eddy, James:- Canterbury Legal, Plaintiff
C Hlavac: Young Hunter - Defendant
YES DISCONTINUED 14/11/2016
CIV-2013-409-001551 Hoopers Joinery Limited v
Lloyds of London
General
Proceeding
Plaintiff carried on business in leased premises. Had material damage and interruption policy with def. Plaintiffs plant,
equipment and stock damaged in Feb 11 quake. Leased premises also damaged and then demolished. Plaintiff had
to relocate and lost business. Partial payment to plaintiff. Plaintiff claims still owed $583 k by def.
14/10/2013 Glenn Jones/Ben Russell:- Lane Neave,
Plaintiff
and K Pengelly: DLA Piper, Defendant
YES DISCONTINUED 19/01/2015
CIV-2013-409-001525 Gaba v Southern Response
Earthquake Services Limited
General
Proceeding
Property in Helmores Lane. Insured with def. Property damaged in September 2010 and February 2011 quakes.
Not economically feasible to repair. Plaintiffs claim def has failed to advance their claim. Seek damages and costs of
rebuild - $5.4 m.
1/10/2013 Hugh Matthews:- White Fox & Jones,
Plaintiff
EJ Walton:-Wynn Williams, defendant
YES DISCONTINUED 21/12/2015
CIV-2013-409-001519 Silvester Motor Company
Limited v IAG New Zealand
Limited
General
Proceeding
Plaintiff owns business in Moorehouse Avenue. Had material damage and business interruption insurance with IAG.
Building damaged in February and June 2011 quakes. Plaintiff says IAG has breached policy. Plaintiff seeks $8.6 m
for material damage policy and order that IAG pay under business interruption policy.
1/10/2013 Andrew Hooker:- Shine Lawyers, Plaintiff
Chris Hlavac:-Young Hunter,defendant
YES DISCONTINUED 19/08/2016
CIV-2013-409-001517 Papanui Investments Limited v
IAG New Zealand Limited
General
Proceeding
Building in Merivale. Damage in September 2010,
December 2010 and February 2011 quakes. Insured with IAG. Plaintiff says policies provide coverage for indemnity
value for each loss. Says IAG has failed to pay – has made one-off payment of $575,000. Seek declaration as to
IAG’s liability.
24/09/2013 Stephen Rennie:- Rhodes & Co, Plaintiff
E Gabor/P Leman:- DLA Piper, Defendant
YES DISCONTINUED 27/04/2016
CIV-2013-409-001514 Cassels v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Property in Heathcote Valley. Green zone,
TC2, yellow. Insured by def. House damaged in September 2010 and February 2011 quakes. Could be repaired
after September quake – estimated cost $186,000. Damaged beyond repair in February 2011 quake. Plaintiffs wish
to rebuild. Estimated cost $738,000. Plaintiffs seek EQC caps for both September and February quakes. Seek
balance from def.
17/09/2013 Grant Shand:- Plaintiff
Bruce Scott/Natasha Kusel:-Chapman Tripp,
Defendant
Grant Macdonald/Anna Robinson :-DLA
Piper, Second Defendant
YES DISCONTINUED 31/03/2015
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2013-409-001513 Drexels Limited v Lumley
General Insurance (N.Z) Limited
General
Proceeding
(& Summary
Judgment)
Plaintiff operated restaurant in leased premises. Premises damaged in February 2011 quake. Rendered
untenantable. Also inside CBD cordon. Lease terminated from 22 February 2011. Material damage and business
interruption insurance with def. Plaintiff claimed for business interruption. Initial claim $790 k. Def has paid $58 k.
Plaintiff seeks $831 k for business interruption/alternatively $598 k/alternatively $513 k/alternatively $282 k -
depending on application of policy terms.
20/09/2013 Peter Woods./Geard Cleary:- Anthony
Harper, Plaintiff
Craig Langstone/Bradley:- Jones Fee,
Defendant
YES DISCONTINUED 24/01/2014
CIV-2013-409-001512 Dowsett v Earthquake
Commission & AA Insurance
Limited
General
Proceeding
Property in Sydenham. Green zone, TC2, yellow. Insured by AA. House lost in February 2011 quake. Cost to
rebuild - $842,000. No payment by EQC. Plaintiffs seek EQC cap. Seek balance from AA.
20/09/2013 Grant Shand:- Plaintiff
Bruce Scott/Heather McKenzie:- Chapman
Tripp, Defendant
Peter Hunt/Kristal Rowe:- McElroys, Second
Defendant
YES DISCONTINUED 01/07/2015
CIV-2013-409-001511 Prattley Enterprises Limited v
Vero Insurance New Zealand
Limited
General
Proceeding
Plaintiff owns building in Worcester Street. Damaged in September 2010, December 2010, February 2011 and June
2011 quakes. Insured by Vero for indemnity value, measured by estimated replacement cost less depreciation. Also
business interruption cover. Plaintiff claims $8.1 m. Vero says only obliged to pay for September 2010 quake - $1.05
m based on a market valuation. Plaintiff seeks declaration as to Vero’s liability.
19/09/2013 Stephen Rennie/Ed Bayley:-Rhodes & Co,
Plaintiff
Cecily Brick:-J ones Fee, Defendant
YES JUDGMENT - DEFENDED HEARING
24/06/2015
COURT OF APPEAL MILESTONES:
CA400/15
Filed 21/7/15
Dismissed 14/3/16
CIV-2013-409-001510 Bell & Lynskey v IAG New
Zealand Limited
General
Proceeding
Plaintiffs trustees of family trust. Own building at Wickham Street. Damage in February and June 2011 quakes.
Insured with def. Plaintiffs say policy treats each quake as separate event and def obliged to pay replacement value
for each event. Estimated replacement cost is $4.9 M. Allege def in breach of policy because it is asserting it is only
obliged to pay indemnity value. Has paid $780,000. Plaintiff seeks declarations that def obliged to pay replacement
value of loss caused by each quake.
19/09/2013 Rennie, Stephen:-Rhodes & Co, plaintiff
SMITH, Paul:-Fortune Manning, Defendant
YES DISCONTINUED 09/05/2014
CIV-2013-409-001509 Stock v Southern Response
Earthquake Services Limited
General
Proceeding
Property in Parklands. Green zone, TC3, blue. Insured with def. Home lost in February 2011 quake. EQC has paid
out. Plaintiffs wish to rebuild. - cost $1.06 m. Def has offered $262,000 less EQC payment. Plaintiffs seek
declaration as to defendants liability.
19/09/2013 Grant Shand:- Plaintiffs
Grant Macdonald/Anna Robinson:- DLA
Piper, Defendant
YES DISCONTINUED 04/12/2015
CIV-2013-409-001508 Wongeoon & Chen v
Earthquake Commission, Vero
Insurance New Zealand & IAG
New Zealand Limited
General
Proceeding
Property in Addington; green zone, TC 2, yellow. Insured with Vero. House lost in February 2011 quake. Plaintiffs
assignees from original owner, who lodged claims. Notice of assignment given. To rebuild $724,000. No payment by
EQC or Vero. Plaintiffs seek EQC cap. Seek balance from Vero.
19/09/2013 Grant Shand:- Plaintiffs
Bruce Scott/Sarah Lester:- Chapman Tripp,
First Defendant
YES DISCONTINUED 16/03/2015
CIV-2013-409-001507 Robertson & Brown v
Earthquake Commission, Vero
Insurance New Zealand Limited
& IAG New Zealand Limited
General
Proceeding
Property in Linwood. Green zone, TC 2, yellow. Insured with Vero. House lost in February 2011 quake. To rebuild
$1.06 m. No payment by EQC or Vero. Plaintiffs seek EQC cap. Seek balance from Vero.
19/09/2013 Grant Shand:- Plaintiffs
Bruce Scott/ Rebekah Dixon:-Chapman
Tripp, First Defendant
YES DISCONTINUED 13/05/2016
CIV-2013-409-001506 Leenen & Heuyerjans v
Southern Response Earthquake
Services Limited
General
Proceeding
Property in Burwood. Insured by def. Building damaged in quakes. Claim submitted. Def acknowledges building can
be repaired. Alleged def has failed to advance claim. Declarations sought.
18/09/2013 Rennie, Stephen:-Rhodes & Co, Plaintiffs
Emily Walton:-Wynn Williams, defendant
YES DISCONTINUED 02/06/2017
CIV-2013-409-001505 Gregs Photo And Video Limited
v QBE Insurance (International)
Limited
General
Proceeding
Plaintiff lessee at Merivale Mall. QBE is insurer. Policy provides material damage cover for leasehold improvements
and business interruption coverage. Improvements damaged in February 2011 quake. Partial payment made by
QBE. Declaration sought as to QBEs liability.
18/09/2013 Stephen Rennie:- Rhodes & Co, Plaintiff
Frank Rose:- Keegan Alexander, Defendant
YES DISCONTINUED 08/09/2014
CIV-2013-409-001496 Ferguson v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Claim in respect of house at 3 Nautilus Place, Brooklands. Green Zone, TC3. Damaged in February 2011
earthquake. House alleged to be damaged beyond economic repair. Plaintiffs wish to rebuild house. Rebuild costs
alleged $1.1 million. Claim against EQC for $113,850 and against insurer, $992,488 plus general damages.
10/09/2013 Grant Shand, Plaintiff
Bruce Scott:-Chapman Tripp, Defendant
Grant Macdonald/Anna McElhinney:- DLA
Piper, Second Defendant
YES DISCONTINUED 28/04/2015
CIV-2013-409-001495 Cross Trustees Limited v
Earthquake Commission & IAG
New Zealand Limited
General
Proceeding
Claim in respect of house at 53 Sumner Road, Lyttleton. Green Zone, damaged in September, February and June
earthquakes. House alleged to be damaged beyond economic repair; new rebuild cost alleged $1.003 million. Claim
against EQC for three events, $341,550 and as against insurer, $657,560 plus general damages.
10/09/2013 Grant Shand, Plaintiff
Bruce Scott:-Chapman Tripp, First
Defendant
Nichola Reid:-DLA Piper , Second Defendant
YES DISCONTINUED 05/08/2015
CIV-2013-409-001494 Darling v Tower Insurance
Limited
General
Proceeding
Claim in respect of house at 2A Rue De La Mare, Parklands. Green Zone, TC3. Damaged in September, February
and June earthquakes. Allegation house damaged beyond economic repair. Rebuild cost alleged $1.169 million.
Claim for declaration as to insurer’s liability to pay that amount less EQC payments, together with general damages of
$50,000.
10/09/2013 Grant Shand, Plaintiff
Chris Hlavac:-Young Hunter,defendant
YES DISCONTINUED 09/05/2014
CIV-2013-409-001492 Armagh Projects Limited & 102
Armagh Once Limited v IAG
New Zealand Limited
General
Proceeding
Claim in respect of commercial building at 102 Armagh Street, Christchurch. Building damaged in the September
2010, February and June 2011 earthquakes. Alleged to require demolition and rebuild. Land part of convention
centre anchor project in Christchurch Central Recovery Plan. Claim for interim payment on account of $3.05 million,
and for declaration that full indemnity value payable is $8.09 million. Claim also for declaration that plaintiff is entitled to
reinstatement by rebuild.
6/09/2013 Hugh Matthews:- White Fox & Jones,
Plaintiffs
Hlavac, C:-Young Hunter, deft
YES DISCONTINUED 03/09/2014
CIV-2013-409-001488 Agnew v Tower Insurance &
Southland Building Society
General
Proceeding
House in Kaiapoi damaged in September 2010 and subsequent earthquakes. Red Zoned and sold to Crown. Issue
as to lapse/cancellation of insurance policy for non-payment of premium. Claim for replacement cost of $367,500 said
to be payable by Tower if policy not wrongly cancelled and $71,500 being 50 per cent of land value that would have
been paid by the Crown under Red Zone arrangements. Further claims under FTA and in negligence. Claims for like
quantum against SBS (mortgagee) in negligent misstatement and FTA.
3/09/2013 Mark Henderson:- Corcoran French, Plaintiff
Martin Smith:- Gilbert Walker, First
Defendant
Owen Paulsen:- Cavell Leitch, Second
Defendant
YES DISCONTINUED 27/02/2014
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2013-409-001482 Andy Ellis Holdings Limited,
Grant William McEwen And
Melissa Anne Mcewan, Cadelym
Investments Limited, Duncan
Campbell Mcmeeking And
Stephen Paulus Van Der
Splinter, v Earthquake
Commission, Tower Insurance
Limited, Southern Response
Earthquake Services Limited,
and IAG New Zealand Limited
General
Proceeding
Properties in Manchester Street, green zone TC3 (blue). Allegation houses damaged beyond economic repair.
Rebuild costs pleaded. No payments from EQC. Plaintiff seeks against EQC $113,850 for one property and the same
sum for the adjoining property.
Against Tower
Policy - Provider House Policy Maxi-Protection. No payments from Tower. Declarations or judgment for rebuild costs
sought, $750,000 approximate for each of the two properties.
3/09/2013 Grant Shand:- Plaintiffs
Bruce Scott:-Chapman Tripp, First
Defendant
Matthew Harris:- Gilbert Walker, Second
Defendant
Emily Walton:- Wynn Williams, Third
Defendant
YES DISCONTINUED 09/12/2016
CIV-2013-409-001479 Ah Toon v Earthquake
Commission & Tower Insurance
Limited
General
Proceeding
Residential property. Green zone TC2. House policy Maxi Protection. EQC has paid $7,532.98 for emergency repairs.
No apparent dispute as to apportionment. Claim EQC liable to pay $332,584.39.
Against Tower
No payment from Tower. Declaration sought Tower liable to pay to the maximum $816,585.55. General damages
sought of $25,000 or, alternatively, judgment for those sums.
2/09/2013 Grant Shand:- Plaintiff
Clark, Linda/Knight, John:- Chapman Tripp,
deft
Smith, Martin:- Gilbert Walker,Second
Defendant
YES STRUCK OUT 12/05/2015
CIV-2013-409-001478 Holdstock & Molloy v
Earthquake Commission &
Tower Insurance Limited
General
Proceeding
Residential property. Green zone TC2. House policy Maxi Protection. No payments from EQC. Allegation house
damaged beyond repair. Rebuild costs about $735,000. EQC has paid $8,147.65. Allocation of damage: 17%
September, 73% February, 10% June. Claim sets different allocations and judgment of $300,000 plus general
damages against EQC.
Against Tower
[2] Tower offers nothing. Declaration sought Tower liable to pay the plaintiffs up to $430,386.17 to rebuild the house
and general damages of $50,000.
2/09/2013 Grant Shand:- Plaintiffs
Bruce Scott/Linda Clark:- Chapman Tripp,
Defendant
Matthew Harris/Thomas Joseph:- Gilbert
Walker, Second Defendant
YES DISCONTINUED 01/07/2016
CIV-2013-409-001477 Gorman v IAG New Zealand
Limited
General
Proceeding
Residential property. Green zone TC3. State Landlord policy. Alleged rebuild cost $1.2 million approximately.
Defendant has offered to pay $162,000 less EQC payments.
2/09/2013 Grant Shand:- Plaintiff
Rob Coltman/Kate Sheehan, Fortune
Manning, Defendant
YES DISCONTINUED 12/05/2016
CIV-2013-409-001476 Windlass Holdings Limited v
Vero Insurance New Zealand
Limited
General
Proceeding
Plaintiff owner of commercial building used as indoor car park. Policy of insurance provider for sum insured of
$236,000. Allegation VERO owes plaintiff $1.4 million approximately. The amount payable being not limited by the
sum insured. Allegations that the three earthquakes were each separate event. Allegation indemnity value is cost of
replacement less depreciation, not limited by the sum insured. Allegation VERO has made payment on market value,
in the amount of $264,615. Issues as to payment of professional fees. Claims for appropriate declarations and
judgment sum.
29/08/2013 Stephen Rennie/Tiresa Brito:- Rhodes & Co,
Plaintiffs
Brick, Cecily:-Jones Fee, Defendant
YES DISCONTINUED 23/11/2015
CIV-2013-409-001475 Malone v Tower Insurance
Limited
General
Proceeding
Plaintiff alleges Tower Insurance Limited obliged to pay full replacement cost, as damage to house beyond economic
repair. Relief sought: specific performance of payment to rebuild, or special damages and general damages.
28/08/2013 Andrew Hooker:- Shine Lawyers, Plaintiffs
Smith, Martin/Gilbert Walker, Defendant
YES DISCONTINUED 15/04/2014
CIV-2013-409-001461 Jamieson, Leggat & McFarlane
v Young & Vero Insurance New
Zealand Limited
General
Proceeding
Residential hillside property on land within the red zone. Plaintiff claiming equitable interest in the property. Claim
against vendor for not completing subdivision and making title available, to enable plaintiffs to become registered
proprietors, and be able to deal directly with CERA. Claim against vendor, alleging constructive trust. Claim against
VERO, alleging that VERO had elected not to rebuild or repair the dwelling, and should be held to that election, rather
than now pursuing an argument that the solution was repair the dwelling on the property. Alternatively, seeking orders
requiring VERO to makes its election now, and proceed with settlement.
23/08/2013 Hugh Matthews:- White Fox & Jones,
Plaintiffs
Cecily Brick:- Jones Fee, Defendant
YES DISCONTINUED 17/08/2015
CIV-2013-409-001451 Yarrall & Stephens v Earthquake
Commission
Judicial Review Judicial review. Apportionment by EQC of damage to house in three earthquakes: 10%, 90% and 0% in March 2012.
Prior assessment: 10%, 40% and 50%. Error of law in failing to take into account relevant considerations, namely the
actual damage to the house caused by each of the three quakes. Order sought quashing final apportionment and
directing reconsideration.
23/08/2013 David Beck:- SB Law, Plaintiffs Andrew
McKenzie
Scott, Bruce,/Neris, Armando:-Chapman
Tripp, Defendant
YES DISCONTINUED 23/05/2014
COURT OF APPEAL MILESTONES:
CA396/15
(Costs)
Filed 20/7/15
Dismissed 27/10/16
CIV-2013-409-001450 Turnbull Asset Management
Limited v Certain Underwriters at
Lloyds of London & Sirius
International Insurance Group
Limited
General
Proceeding
Commercial building damaged by earthquake. Plaintiff claims insurance policies are replacement value policies.
Measured by the amount of money it costs to return the building to its pre-loss functionality, likely cost currently
estimated $1.7 million. Defendant has offered to pay approximately $200,000 on the termination of indemnity, based
on market value. Also an issue as to liability of defendant to pay legal costs and other costs incurred in preparation of
the claim. The principal issue likely to be construction of policy – whether the indemnity provision for accidental
physical loss or damage applies to natural disaster cover.
21/08/2013 Stephen Rennie/Ed Bayley:- Rhodes & Co,
Plaintiff
Frank Rose:- Keegan Alexander, Defendants
YES DISCONTINUED 18/04/2016
CIV-2013-409-001415 Pedley & Little v Southern
Response Earthquake Services
Limited
General
Proceeding
House at Linwood, damaged in September, February and June earthquakes. House alleged to be damaged beyond
economic repair. AMI “Premier House” policy applicable. EQC has paid $175,671. Alleged cost to rebuild “as new”
$1,122,196. Defendant insurer offering $289,348 less EQC payments. Claim for declaration and general damages
for distress, inconvenience and anguish.
19/08/2013 Grant Shand:- Plaintiff
Bruce Scott/Armando:- Chapman Tripp, First
Defendant
Kristal Rowe/Andrea Challis:- McElroys,
Second Defendant
YES DISCONTINUED 11/06/2015
CIV-2013-409-001413 Murch & Paton v Southern
Response Earthquake Services
Limited
General
Proceeding
New Brighton house, damaged in September and February earthquakes. AMI Premier House policy. EQC has paid
$131,910. Plaintiffs wishing to rebuild house. House alleged to be damaged beyond economic repair. Alleged
rebuild cost (as new) $861,796. Defendant insurer offering $187,081, less EQC payment. Claim for declaration and
general damages for distress inconvenience and anguish.
19/08/2013 Grant Shand:- Plaintiff
Emily Walton/Sarah Waggot:- Wynn
Williams, Defendant
YES DISCONTINUED 09/10/2015
CIV-2013-409-001411 Treskonova v Earthquake
Commission & Lumley General
Insurance (NZ) Limited
General
Proceeding
House at Sumner damaged in February earthquake event. Westpac Home policy applicable. Property subsequently
red zoned. As a result, alleged to be a total loss. No payment by EQC, and second defendant insurer has offered
only $19,000. Alleged rebuild cost “at least $1 million” (unquantified). Claim for declarations and general damages.
19/08/2013 Grant Shand:- Plaintiff
Bruce Scott/Nerris Armando:- Chapman
Tripp, First Defendant
Challis, Andrea/Kristal Rowe:-McElroys,
Second Defendant
YES DISCONTINUED 06/05/2015
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2013-409-001410 Kennett v Earthquake
Commission & IAG New
Zealand
General
Proceeding
House at Woolston damaged in February earthquake. State Home Comprehensive policy applicable. Claim lodged
with EQC but unpaid. House alleged to be damaged beyond economic repair. Alleged rebuild cost $988,416.
Second defendant insurer alleged to have offered $nil. Claim for declarations as to liability of each defendant, together
with claims for general damages, distress, inconvenience and anguish.
19/08/2013 Grant Shand:- Plaintiffs
Bruce Scott/Bridgette Martin:- Chapman
Tripp, Defendant
Peter Leman:-DLA Piper, Second Defendant
YES DISCONTINUED 31/05/2016
CIV-2013-409-001408 Truscott v Lumley General
Insurance (NZ) Limited
General
Proceeding
Red zoned house in Heathcote Valley. Westpac Home policy applicable. EQC payments of $133,200 paid. Insurer
offering repair costs of $283,340. Plaintiffs contending property is total loss. Seeking declaration that defendant
insurer is liable to pay rebuild costs less EQC payment.
19/08/2013 Grant Shand:- Plaintiffs
Challis, Andrea/Kristal Rowe:-McElroys,
Defendant
YES DISCONTINUED 14/05/2014
CIV-2013-409-001398 Ballymoil Limited, Bailey &
Phillips v IAG New Zealand
Limited
General
Proceeding
Commercial building at 203 Durham Street. Claim that building damaged rather than destroyed, and that damage
occurring in February, June and December earthquakes are each separate events. Claim for specific sums due
under policies.
13/08/2013 Stephen Rennie/Tiresa Brito:- Rhodes & Co,
Plaintiffs
Geoff Turner/Richard Hargreaves:- Fortune
Manning, Defendant
YES DISCONTINUED 04/11/2015
CIV-2013-409-001396 Ballymoil Limited, Bailey &
Phillips v Lumley General
Insurance (NZ) Limited
General
Proceeding
Commercial building at 39 Walker Street, damaged in February, June and December earthquakes. Building
damaged but not irreparable. Insurer contending building in fact “destroyed” in February event. Claim for declaration
that building damaged not destroyed, earthquakes each separate events and for specific declarations as to sums
liable.
13/08/2013 Stephen Rennie/Tiresa Brito:- Rhodes & Co,
Plaintiffs
Paul Smith/Rick Hargreaves:- Fortune
Manning, Defendant
YES DISCONTINUED 04/11/2015
CIV-2013-409-001395 McCarthy v Southern Response
Earthquake Services Limited
General
Proceeding
House at Aorangi Road, Christchurch, alleged to be damaged beyond economic repair in February and June
earthquakes. EQC has paid $154,355. Plaintiff seeking to purchase new house. Alleged cost of rebuilding
$610,908. Defendant insurer offering $317,047. Claim for declarations and general damages for inconvenience,
distress and loss of enjoyment of life.
13/08/2013 Brian Burke:- Harmans, Plaintiff
Emily Walton/Alannah Shaw,:-Wynn
Williams, defendant
YES DISCONTINUED 12/08/2014
CIV-2013-409-001394 Bennett v IAG New Zealand General
Proceeding
House on Tama Terrace, Mt Pleasant damaged, but not irreparable. Lantern policy. Claim filed with insurer (said to
be up to $1.25 million), based on four earthquake events. Defendant has asserted maximum sum payable is
$484,706. Alleged breach of claims handling duties under contract of insurance. Declarations and inquiries sought.
13/08/2013 Stephen Rennie/Ed Bayley:- Rhodes & Co,
Plaintiffs
Leman, Peter/Cuff, Brad:-DLA Piper,
defendant
YES DISCONTINUED 07/05/2015
CIV-2013-409-001370 Thompson v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
House in Woolston. Damaged in September 10 and February 11 quakes - beyond economic repair. $918k to
rebuild. Seeks cap payment from EQC; balance from insurer + general damages + interest.
7/08/2013 Grant Smith:- Canterbury Legal, Plaintiff
Bruce Scott/Natasha Kusel:- Chapman
Tripp, First Defendant
Emily Walton:-Wynn Williams Second
Defendant
YES DISCONTINUED 03/04/2017
CIV-2013-409-001369 Murray & McFedries v Lumley
General Insurance (NZ) Limited
General
Proceeding
House in Lyttleton. Damaged in September 10 and February 11 quakes - beyond economic repair. $866k to rebuild.
Paid out by EQC. Seek costs of rebuild less EQC payments from insurer, + general damages + interest.
7/08/2013 Grant Shand:- Plaintiff
Andrea Challis/Kristal Rowe:- McElroys,
Defendant
YES DISCONTINUED 23/07/2015
CIV-2013-409-001368 Scott v Southern Response
Services Limited
General
Proceeding
House in Kaiapoi. Damaged in September 10 quake - beyond economic repair. $1.6m to rebuild. Seeks cap from
EQC and balance from insurer + general damages + interest.
7/08/2013 Grant Shand:- Plaintiff
Bruce Scott/Linda Clark:- Chapman Tripp,
First Defendant
C Richard Johnstone/ Sarah Waggot:- Wynn
Williams, Second Defendant
YES DISCONTINUED 05/01/2016
CIV-2013-409-001367 Kennedy v Earthquake
Commission & Southern
Response earthquake Services
Limited
General
Proceeding
House in Mairehau. Green zone, TC2, yellow. Damaged in September 10, February and December 11 quakes.
Plaintiff says beyond economic repair. $704k to rebuild. Seeks $273k from EQC. Balance from insurer + general
damages + interest.
6/08/2013 Grant Shand:- Plaintiff
Bruce Scott/Brendon Orr:- Chapman Tripp,
First Defendant
Emily Walton/Alannah Shaw:- Wynn
Williams, Second Defendant
YES DISCONTINUED 04/05/2016
CIV-2013-409-001365 Bennett v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
House in Sydenham. Green zone, TC2, yellow. Damaged in September 10 and February 11 quakes. Damaged
beyond economic repair. $815k to rebuild. No payment by EQC. Plaintiff seeks cap payment for each event.
Balance from insurer + general damages + interest.
6/08/2013 Grant Shand:- Plaintiff
Bruce Scott/Bridgette Martin, Chapman
Tripp, First Defendant
Emily Walton:- Wynn Williams, Second
Defendant
YES DISCONTINUED 26/05/2016
CIV-2013-409-001364 ORourke & Others v Earthquake
Commission, Vero Insurance
New Zealand Limited & IAG
New Zealand Limited
General
Proceeding
House in Wiggins Street. Damaged in September 10, February and June 11 quakes. Beyond economic repair.
$572k to rebuild. Seeks $340k from first defendant, apportioned as between each event and balance from insurer +
additional costs, general damages + interest.
6/08/2013 Grant Shand:- Plaintiff
Bruce Scott/Nikolas Bruce-Smith, First
Defendant
Hamish Evans:- Young Hunter, Second
Defendant
YES DISCONTINUED 20/06/2016
CIV-2013-409-001363 Zygadlo v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
House at South Brighton. Green zone, TC2, yellow. Damaged in September 10 and February 11 quakes - beyond
economic repair. $551k to rebuild. Seeks $54k for first event and cap amount from EQC for second event. Balance
from insurer, + general damages + interest.
6/08/2013 Grant Shand:- Plaintiff
Emily Walton:- Wynn Williams, Second
Defendant
Scott, Bruce/Dixon, Rebekah:-Chapman
Tripp, defendant
YES DISCONTINUED 22/03/2016
CIV-2013-409-001362 Christchurch Concerned
Citizens Group v Christchurch
City Council
Judicial Review Judicial review of gravity wastewater system. The third proceeding related to the Bailey Proceeding (CIV-2013-409-
1362)
6/08/2013 Clayton Williams:- Patient & Williams,
Andrew Bailey, Plaintiff
YES DISCONTINUED 25/11/2013
CIV-2013-409-001361 Jasper & Carson v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
House in Mairehau. Green zone, TC3, blue. Damaged in September 10 and February 11 quakes. Plaintiffs say
beyond economic repair. To rebuild costs $1.1m. EQC has paid $6k. Plaintiffs seek cap amount from EQC, less
sum paid; balance from insurer + general damages and interest.
6/08/2013 Grant Shand:- Plaintiff
Bruce Scott/Bridgette Martin:- Chapman
Tripp, First Defendant
Emily Walton/Jonathan Pow:- Wynn
Williams, Second Defendant
YES DISCONTINUED 23/07/2015
CIV-2013-409-001360 East & Taylor v Medical
Assurance Society New Zealand
Limited
General
Proceeding
Residence in Merivale. Policy provides coverage for damage caused by earthquake. No payments by insurer, and
insurer says it has right to control rebuild. Plaintiff seeks declaration as to insurers liability. Say insurer must pay cost
of reinstatement less EQC cap.
6/08/2013 Stephen Rennie/Ed Bayley:- Rhode & Co,
Plaintiff
Nick Frith/Andrew Horne:- Minter Ellison
Rudd Watts, Defendant
YES JUDGMENT - DEFENDED HEARING
(Liability only) 22/12/2014
COURT OF APPEAL MILESTONES:
CA60/15
Filed 10/2/15
Allowed 17/6/15
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2013-409-001359 Alp Sports Limited v Lloyds of
London Offshore Market
Placements Limited
General
Proceeding
Building at Southwark Street. Damaged in February quake; destroyed in June quake. Insured for agreed
replacement value - $2.5m. Building demolished. Plaintiff says each quake is a separate event. Insurer has paid
$1.265m, based on market value. Plaintiff says entitled to cost of restoration for first quake; agreed replacement value
for second quake. Seeks declarations as to insurers liability.
6/08/2013 Stephen Rennie/Ed Bayley:- Rhode & Co,
Plaintiff
W Antony Holden:- DAC Beachcroft NZ,
Defendant
YES DISCONTINUED 13/06/2016
CIV-2013-409-001352 Sharma & Camelot Hotel
Limited v Square Holdings
Limited
General
Proceeding
Camelot agreed to purchase business and leasehold interest carried on from a property owned by Square. Square
required Sharmas guarantee on assignment of lease. Property damaged in earthquakes. Square has sold or
negotiated sale of property to CERA. Sharma seeks order that Square holds property on trust for him. Camelot
seeks order that Square purchase its leasehold interest before it settles with CERA. Also seeks order CERA does not
deal with Square in respect of its leasehold interest and/or that compensation be paid to it for that interest.
24/07/2013 Dhirendra Singh:- Shen Singh, Plaintiffs
Stephen Caradus:- Duncan Cotterrill,
Defendant
YES DISCONTINUED 21/03/2016
CIV-2013-409-001342 Coombe Earthquake
Commission & Vero Insurance
New Zealand Limited
General
Proceeding
House on Bridle Path Road. Damaged in February 2011 earthquake. Damaged beyond economic repair. Large
fissure now running through land. Red zoned for rockfall and life risk. To rebuild would cost $434k. EQC has paid
$6k and 53k. Plaintiff seeks balance of cap payments from EQC. Seeks balance from insurer.
26/07/2013 Angela Parlane:- Plaintiff
Cecily Brick:- Jones Fee Second Defendant
Scott, Bruce/Bruce-Smith, Nikolas:-
Chapman Tripp, defendant
YES DISCONTINUED 06/07/2016
CIV-2013-409-001341 Tapper v IAG New Zealand
Limited
General
Proceeding
Building in Brisbane Street. Damaged in February/June 2011 earthquakes. Plaintiffs currently repairing building.
Insurance policy for replacement value - measured by amount required to return building to its pre-loss functionality.
Plaintiff says each earthquake a separate loss or event, and amount payable is cost of restoration to pre-loss
functionality. IAG has paid $510 k, based on market value of building. Plaintiff says IAG in breach. Seeks declaration
as to IAGs liability.
25/07/2013 Stephen Rennie/Ed Bayley:- Rhodes & Co,
Plaintiffs
Rob Coltman/Kate Sheehan:- Fortune
Manning, First Defendant
YES DISCONTINUED 27/02/2014
CIV-2013-409-001335 Gray & McMurdo v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
House in St Albans. Green zone, TC3, blue. Damaged in September 10 and February 11 quakes. Apportioned 20%
September; 80% February. EQC paid $1689.86. Plaintiff say damaged beyond economic repair. $769k to rebuild.
Seek statutory caps from EQC. Balance from Southern Response; plus general damages and interest.
23/07/2013 Grant Shand:- Plaintiff
Scott, Bruce/Kusel, Natasha:-Chapman
Tripp, First Defendant
Richard Johnstone/Jonathan Pow:- Wynn
Williams, Second Defendant
YES DISCONTINUED 05/10/2016
CIV-2013-409-001334 Newmarch v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
House in Edgeware. Green zone, TC3, blue. Damaged in September 10, February 11 and June 11 quakes.
Apportioned 21.7% September; 59% February; 19.3% June. No payment by EQC. Plaintiff say $651k to rebuild.
Seeks $113,850 from EQC for each event; balance from Southern Response, plus general damages and interest.
23/07/2013 Grant Shand:- Plaintiff
Bruce Smith/Nikolas Bruce-Smith:-
Chapman Tripp, First Defendant
Richard Johnstone:- Wynn Williams, Second
Defendant
YES DISCONTINUED 02/07/2015
CIV-2013-409-001333 Bligh v Earthquake Commission
& IAG New Zealand Limited
General
Proceeding
House in Waddington. Green zone. Damages to 2nd floor and outbuilding in September 10 quake. Plaintiff says
rebuild will cost $963k. Seeks $113,500 from EQC and general damages and interest. Balance from IAG.
23/07/2013 Grant Shand:- Plaintiff
Bruce Scott/Brendon Orr:- Chapman Tripp,
First Defendant
Paul Smith/Simon Connolly:- Fortune
Manning, Second Defendant
YES JUDGMENT - DEFENDED HEARING
16/08/2018
CIV-2013-409-001332 Jarden v Earthquake
Commission & Lumley General
Insurance (NZ) Limited
General
Proceeding
House in Rolleston. Green zone. Damaged in September 10 and February 11 quakes. Apportioned by EQC - 35%
September; 65% February. Plaintiffs say $1,080,000 to remediate. Seek statutory caps from EQC and balance from
Lumley, and general damages and interest.
23/07/2013 Grant Shand:- Plaintiff
Bruce Scott/Nikolas Bruce-Smith Chapman
Tripp, First Defendant
Andrea Challis & Kristal Rowe:- McElroys,
Second Defendant
YES JUDGMENT - DEFENDED HEARING
23/06/2015
COURT OF APPEAL MILESTONES:
CA401/15
Filed 21/7/15
Allowed in Part 11/5/16
CA663/16
Filed 20/12/16
Dismissed 7/2/18
CIV-2013-409-001331 Turton v Southern Response
Earthquake Services Limited
General
Proceeding
House at Parklands. Green zone, TC3, blue. Damaged in September 10 and February 11 quakes. EQC has paid
out. Plaintiffs say cost to rebuild $1.3m. Insurer has offered $366,000. Plaintiffs seek declaration as to insurers
liability, general damages and interest.
23/07/2013 Grant Shand:- Plaintiff
Johnstone, C R:-Wynn Williams & Co,
defendant
YES DISCONTINUED 08/06/2015
CIV-2013-409-001330 Betts & Ridden v Southern
Response Earthquake Services
Limited
General
Proceeding
House in Aranui. Green zone, TC3, blue. Damaged in February 11 quake. EQC has paid out. Plaintiffs say costs to
rebuild are $1.79m. Insurer has offered $237,000, less EQC payout. Plaintiffs seek declaration as to insurers liability
and general damages and interest.
23/07/2013 Grant Shand:- Plaintiff
Johnstone, C R:-Wynn Williams & Co,
defendant
YES DISCONTINUED 17/11/2016
CIV-2013-409-001329 Lallu & Matau v Southern
Response Earthquake Services
Limited
General
Proceeding
House in Woolston. TC3, blue. Damage in February 11 quake. EQC have paid out. Cost to rebuild - $1.495m.
Defendant has offered $444,000. Declaration sought as to defendants liability, general damages, interest.
23/07/2013 Grant Shand:- Plaintiff
Johnstone, C R/Shaw, Alannah:-Wynn
Williams & Co, defendant
YES DISCONTINUED 14/01/2016
CIV-2013-409-001322 Group McKay Limited v Zurich
Australian Insurance Limited
General
Proceeding
Commercial building in Sydenham. Damage in September 10, February 11 and June 11 quakes. Plaintiff estimates
remedial costs at $14.7 - 15m. Defendant at $7.6 - 9.5m. Plaintiff seeks damages for costs of reinstating plus interest
and for loss of rental income, plus exemplary damages and interest.
19/07/2013 Emily Walton:- Wynn Williams, Plaintiff
W Antony Holden: DAC Beachcroft,
Defendant
YES DISCONTINUED 27/01/2014
CIV-2013-409-001321 Bal & Service Foods Limited,
Auckland Balars Global Food
Warehouse Limited v Lloyds of
London Offshore Market
Placements Limited
General
Proceeding
Buildings in Montreal, Walker, and Cumnor Terrace. Damaged in September 10 and February, April, June and
December 11 quakes. Plaintiff says building damaged and that each quake was a separate event. Alternatively, if
building destroyed, entitled to replacement value. Say they are entitled to $18.8m. Insurer has paid $3.7m - being
market value. Plaintiff seeks declaration as to insurers liability
19/07/2013 Stephen Rennie/Ed Bayley:- Rhodes & Co,
Plaintiffs
W Antony Holden:- DAC Beachcroft New
Zealand,
YES DISCONTINUED 02/07/2015
CIV-2013-409-001316 Reay v Institution of Professional
Engineers New Zealand
General
Proceeding
This case raises the question of the ability of the Institution of Professional Engineers to discipline Dr Reay in respect
of the power of IPENZ to subject Dr Reay to a disciplinary process under its rules respect of the CTV Buildings and its
collapse
18/07/2013 Willie Palmer:- Buddle Findlay, Plaintiff
Pheroze Jagose/Jeremy Upson:- Chapman
Tripp, Defendant
YES DISCONTINUED 16/04/2014
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2013-409-001313 Law v Earthquake Commission
& Tower Insurance Limited
General
Proceeding
Property in Hammerton Lane. In red zone. Section 124 notice. Damaged in September 10, February 11, June 11
and December 11 quakes. Plaintiff says house is "physically lost"? EQC has apportioned September 10 and
February 11 quakes only. Plaintiff says EQC has failed to take into account fact house not capable of repair. Seeks
declaration EQC liable up to statutory caps; also damages and interest. Seeks declaration against Tower for balance
up to full replacement value, damages and interest.
17/07/2013 Andrew Marsh/Tyler Brown:- Saunders
Robinson Brown:- Plaintiff
Bruce Scott/Armando Neris:- Chapman
Tripp, First Defendant
Martin Smith:- Gilbert Walker, Second
Defendant
YES DISCONTINUED 08/12/2015
CIV-2013-409-001312 McBriony Thomas Limited v IAG
New Zealand Limited
General
Proceeding
Building in Barrington. Defendant admits cover. Plaintiff says policy provided replacement cover. Has provided
certificate. Defendant refusing to settle claim. Declaration sought as to available cover.
17/07/2013 Stephen Rennie/Ed Bayley:- Rhodes & Co,
Plaintiffs
Grant Macdonald/Anna McElhinney:- DLA
Piper, Defendant
YES DISCONTINUED 17/12/2013
CIV-2013-409-001311 Doig v Vero Insurance New
Zealand Limited
General
Proceeding
House at Redcliffs. Defendant admits it covered damage and that house can be repaired. Defendant has not scoped
repairs. Declarations sought as to available cover and inquiry into damages.
17/07/2013 Stephen Rennie/Ed Bayley:- Rhodes & Co,
Plaintiffs
Greg Jones:- Jones Fee, Defendant
YES DISCONTINUED 02/09/2014
CIV-2013-409-001310 Marriott v Vero Insurance New
Zealand Limited
General
Proceeding
Commercial buildings in Watham. Damaged in September 2010 and February and June 2011 earthquakes.
Defendant admits cover. Plaintiff says each earthquake a separate occurrence. Says it is entitled to replacement
cover. Defendant says it is only obliged to pay market value indemnity. Declarations sought that buildings were
damaged, not destroyed, that earthquakes were separate occurrences, and as to available cover.
17/07/2013 Stephen Rennie/Ed Bayley:- Rhodes & Co,
Plaintiffs
Peter Hunt/Phillip McKinnon:- McElroys,
Defendant
YES JUDGMENT - PRELIMINARY QUESTION
26/11/2013
COURT OF APPEAL MILESTONES:
CA881/13
Filed 24/12/13
Allowed in Part 10/9/14
Cross Appeal
Filed 23/1/14
Partially Granted 10/9/14
CIV-2013-409-001309 Hammett v New Zealand
Insurance Limited & Vero
Insurance New Zealand Limited
General
Proceeding
House in Mairehau, category 2 heritage house. Both defendants insured house. They admit cover for earthquake
damages, except as limited by policy. Plaintiff says replacement cover. Defendants have not paid in full, and have not
investigated or assessed claim. Declarations sought as to basis of settlement under the policy. Also enquiry into
amount due under the policy.
17/07/2013 Stephen Rennie/Ed Bayley:- Rhodes & Co,
Plaintiffs
Grant Macdonald/Anna McElhinney:- DLA
Piper, Defendant
YES DISCONTINUED 05/02/2014
CIV-2013-409-001302 Ramage v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
House in North New Brighton. Green zone, category 3, blue. Insured for sudden accidental loss. Loss suffered in
February 2011 quake. Plaintiff says rebuild cover. Cost to rebuild $79k. EQC has not paid out. Seeking $114k from
EQC and general damages and interest. Insurer has not made payment. Seeking $677k from insurer and general
damages and interest.
15/07/2013 Grant Shand:- Plaintiff
John Knight/Nikolas Bruce-Smith:- Chapman
Tripp, First Defendant
Grant/MacDonald/Anna McElhinney:- DLA
Piper, Second Defendant
YES DISCONTINUED 05/05/2016
CIV-2013-409-001300 Taylor v IAG New Zealand
Limited
General
Proceeding
House in Aranui. Green zone, category 3, blue. Insured for sudden accidental loss. Loss suffered in September
2010 and February 2011 quakes. EQC has paid out. Plaintiff says replacement cover. Rebuild estimated at $941k.
IAG has offered $240k, less EQC payments. Claim for $827k, general damages, plus interest.
15/07/2013 Grant Shand:- Plaintiff
/Simon Waalkens:- DLA Piper, Defendant
YES DISCONTINUED 13/01/2014
CIV-2013-409-001299 Maclean v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
House in Somerfield. Green zone, category 2, yellow. Insured for sudden accidental loss. Loss suffered in February
2011 quake. Cost to rebuild $850k. EQC has not paid out. Seeking $114k from EQC + general damages + interest.
Insurer has not paid out. Seeking $734k from insurer + general damages + interest.
15/07/2013 Grant Shand:- Plaintiff
John Knight/Natasha Kusel Chapman Tripp,
First Defendant
Grant MacDonald/Anna Mcelhinney:- DLA
Piper, Second Defendant
YES DISCONTINUED 19/04/2016
CIV-2013-409-001291 Sydenham Recycling Limited v
IAG New Zealand Limited
General
Proceeding
Business interruption claim, cost of temporary relocation. Issue not liability but satisfaction of liability - need for
temporary relocation or not - quantum.
5/07/2013 Andrew Hooker:- Shine Lawyers, Plaintiff
Chris Hlavac:-Young Hunter, Defendant
YES JUDGMENT - DEFENDED HEARING
20/12/2013
CIV-2013-409-001289 Stevens & Gibson v New
Zealand Insurance Limited
General
Proceeding
Earthquake damage - policy issue indemnity or restoration, or maximum sum for each event. 3/07/2013 Stephen Rennie/Ed Bayley:- Rhodes & Co,
Plaintiffs
Rob Coltman/Kate Sheehan:- Fortune
Manning, Defendant
YES DISCONTINUED 21/09/2015
CIV-2013-409-001288 Bass & Thrower v Christchurch
City Council, Robertson,
Jacobson & Southern
Response Earthquake Services
Limited
General
Proceeding
Leaky home defects/earthquake damage. Leaky home claim against Council and developer. Earthquake damage
against Southern Response. Core issue repair or rebuild.
The core issue (likely to be resolved by experts). Suggest at first conference experts meet to try and resolve that
difference.
8/07/2013 Duncan Webb:-Lane Neave, Plaintiff
Charlotta Harpur:-Heaney &Co, deft,
Vivienne Heward/ Nicholas Soper:-Anderson
lloyd, Second Defendant
Willie Hamilton/Helen Smith:- Duncan
Cotterill, 3rd deft
Peter Leman/Shane Swinerd:- DLA Piper,
Fourth Defendant
YES DISCONTINUED 26/08/2015
CIV-2013-409-001287 Aitchison v AA Insurance
Limited
General
Proceeding
Residential property. CCC section 124 notice. Government red zone. Insurer offers to indemnify but not replace.
Plaintiffs claim total loss, repair impractical. Plaintiffs seek costs to reinstate less EQC payment.
9/07/2013 Grant Shand:- Plaintiff
Cecily Brick:- Jones Fee, Defendant
YES DISCONTINUED 14/11/2013
CIV-2013-409-001286 Risdon v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Residence policy. Green zone T2, yellow. Policy acquired by assignment after earthquake. No payment by EQC.
Payments sought for September 2010 , February 2011 and June 2011 quakes. Plaintiff assignee of original
properties. No offer by insurers.
No payment from second defendant. Plaintiff seeks rebuild costs against second defendant. Plaintiff seeks rebuild
costs against second defendant.
9/07/2013 Grant Shand:- Plaintiff
John Knight/Bridgette Martin:- Chapman
Tripp, First Defendant
Grant MacDonald/Anna McElhinney:-
Second Defendant
YES DISCONTINUED 22/10/2015
CIV-2013-409-001285 Leadbetter & van Schreven v
Vero Insurance New Zealand
Limited
General
Proceeding
Residential property Maxi Plan home policy. CCC notice under S124 - dangerous building no entry. Red zoned by
Government. Allege total loss. Vero offering to indemnify on basis of costs to repair, not reinstatement. Declaration
seeking finding of liability by Vero to pay costs to reinstate less EQC payments.
9/07/2013 Grand Shand:- Plaintiff
Cecily Brick:- Jones Fee, Defendant
YES DISCONTINUED 19/02/2015
CIV-2013-409-001275 Garland & Thomson v
Earthquake Commission &
Southern Earthquake Services
Limited
General
Proceeding
New Brighton home, TC3, damaged Sept (10%) and Feb (90%) (EQC figures). Said to be beyond economic repair.
Claimed cost to rebuild on site 1.8m. Plaintiffs seek two cap payments from EQC, balance from insurer.
3/07/2013 Grant Shand:- Plaintiff
John Knight/Bridgette Martin Chapman
Tripp, First Defendant
Richard Johnstone/ Jonathan Pow:- Wynn
Williams, Second Defendant
YES DISCONTINUED 04/07/2016
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2013-409-001274 Landson Properties Limited v
Earthquake Commission &
Southern Response Earthquake
Services
General
Proceeding
Two homes, at Papuan (TC2) and Parklands (TC3). Both insured under rental house premier policy. EQC has made
two payments (one at cap) for first house, none for second. Both houses said to be beyond economic repair. Claims
for 805k and 1.5m to rebuild on site. Claim against EQC 28k and 227k, balance from insurer.
3/07/2013 Grant Shand:- Plaintiff
John Knight/Bridgette Martin:- Chapman
Tripp, First Defendant
YES DISCONTINUED 11/11/2015
CIV-2013-409-001273 C & S Kelly Properties Limited v
Earthquake Commission &
Southern Response Earthquake
Services Limited
General
Proceeding
Burwood home, TC3. Damaged Sept (12%) and Feb (88%) (apportionments are EQCs). Said to be beyond
economic repair. Claim for two cap payments from EQC on basis rebuild costs are 1.044m.
3/07/2013 Grant Shand:- Plaintiff
John Knight/Bridgette Martin:- Chapman
Tripp, First Defendant
Richard Johnstone/ Alannah Shaw:- Wynn
Williams, Second Defendant
YES JUDGMENT - DEFENDED HEARING
22/07/2015
CIV-2013-409-001272 Teirney v Earthquake
Commission & Vero Insurance
NZ Limited
General
Proceeding
Coalgate property, damaged in Sept. EQC said to have made no payments. House said to be damaged beyond
economic repair. Claim for 658k to rebuild on site. One cap payment claimed from EQC, balance from Vero.
3/07/2013 Grant Shand:- Plaintiff
John Knight/Brendon Orr:- Chapman Tripp,
First Defendant
Greg Jones:- Jones Fee, Second Defendant
YES DISCONTINUED 12/08/2015
CIV-2013-409-001271 Shannon v Southern Response
Earthquake Limited
General
Proceeding
Avondale property, TC3, damaged Sept and Feb. EQC has paid 116k. Said to be damaged beyond economic
repair. Claim for 1.15m to rebuild on site. Insurer said to have offered 220k less EQC as rebuild cost.
3/07/2013 Grant Shand:- Plaintiff
Richard Johnstone/ Alannah Shaw:- Wynn
Williams, Defendant
YES DISCONTINUED 25/08/2015
CIV-2013-409-001270 Darryl Leeson v Southern
Response Earthquake Services
Limited
General
Proceeding
Parklands property, TC2, damaged Sept, Feb, June. EQC paid 210k. Said to be damaged beyond economic repair.
Claim for 2.2m to rebuild on site. Plaintiffs seek that sum to buy another house. Insurer has offered 814k for that
purpose.
3/07/2013 Grant Shand:- Plaintiff
Peter Leman DLA Piper, Andrew Ritches
Saunders & Co, Defendant
YES DISCONTINUED 31/03/2015
CIV-2013-409-001268 Leeson v Southern Response
Earthquake Services Limited
General
Proceeding
Parklands property, TC3, damaged Sept, Feb, June. EQC paid $113,500 (one claim at cap?). Said to be damaged
beyond economic repair. Plaintiffs say 969k to rebuild on site. Plaintiffs want that sum to buy another house. Insurer
has offered 282k for that purpose.
3/07/2013 Grant Shand:- Plaintiff
Peter Leman DLA Piper, Andrew Ritches
Saunders & Co, Defendant
YES DISCONTINUED 31/03/2015
CIV-2013-409-001258 Bendall v The Christchurch City
Council
Judicial Review Judicial Review of sewerage reconstruction, related by different from the original Bailey proceeding (CIV-2013-409-
1178)
27/06/2013 Clayton Williams:- Patient & Williams,
Andrew Bailey, Plaintiff
YES DISCONTINUED 25/11/2013
CIV-2013-409-001255 QBE Insurance (International)
Limited v ZNZ Foods Limited &
Khan
General
Proceeding
Claim for repayment of insurance monies paid under business interruption cover. 25/06/2013 Pauline Barratt:- Jones Fee, Plaintiff
Peter Lindstrom/Phillip Drummond:- Tararua
Law, Defendants
YES JUDGMENT - BY CONSENT 11/03/2014
CIV-2013-409-001247 Benns v IAG New Zealand
Limited
General
Proceeding
Avonside home. Insurer is said to have assessed it as a total loss after Feb quake, but refused to pay rebuild cost
680k less EQC payments.
24/06/2013 Andrew Hooker:- Shine Lawyers, Plaintiff
Rob Coltman/Kate Sheehan Fortune
Manning, Defendant
YES DISCONTINUED 17/12/2013
CIV-2013-409-001246 Ward v Earthquake Commission
& Southern Response
Earthquake Services Limited
General
Proceeding
St Albans house, damaged in Sept and Feb, said to be beyond economic repair. Plaintiffs adopt EQC apportionment
80% to second quake. Claim for two cap payments from EQC, balance of rebuild costs $1.9m from insurer.
24/06/2013 Grant Shand:- Plaintiff
John Knight/Natasha Kusel:- Chapman
Tripp, First Defendant
Richard Johnstone/Sarah Waggot:- Wynn
Williams, Second Defendant
YES DISCONTINUED 11/03/2016
CIV-2013-409-001245 van Limburg v Tower Insurance
Limited
General
Proceeding
Woolston house, damaged in Feb. Land TC3. House said to be beyond economic repair. Claim that EQC must pay
to cap but has failed to do so, and that Tower must pay the balance of total reinstatement cost of 537k.
24/06/2013 Grant Shand:- Plaintiff
John Knight/Natasha Kusel:- Chapman
Tripp, First Defendant
Matthew Harris:- Gilbert Walker, Second
Defendant
YES DISCONTINUED 18/04/2016
COURT OF APPEAL MILESTONES:
CA708/14
(Costs)
Filed 4/12/14
Dismissed 4/5/15
Cross Appeal
Filed 23/12/14
Dismissed 4/5/15
CIV-2013-409-001244 Bull v IAG New Zealand Limited General
Proceeding
Waltham house, damaged in Sept and Feb, said to be beyond economic repair. Claim for rebuild costs $1.5m.
Insurer has offered 290k for repairs.
24/06/2013 Grant Shand:- Plaintiff
Peter/Leman/Emma Gabor:- DLA Piper,
Defendant
YES DISCONTINUED 09/06/2015
CIV-2013-409-001242 Clark & Folmer v IAG New
Zealand Limited
General
Proceeding
Mt Pleasant property, said to have been damaged beyond economic repair in Sept. Claim for $1.2m rebuild on site.
Insurer has offered 172k for repairs.
24/06/2013 Grant Shand:- Plaintiff
Hamish Evans:- Young Hunter, Defendant
YES DISCONTINUED 13/06/2014
CIV-2013-409-001241 Edwards & Hannigan v
Earthquake Commission & AA
Insurance Limited
General
Proceeding
Linwood house, damaged Sept and Feb, said to be beyond economic repair. Rebuild costs claimed 650k. Plaintiffs
adopt EQC apportionment 73% to second quake. Claim for two cap payments from EQC, balance from insurer.
24/06/2013 Grant Shand:- Plaintiff
John Knight/Natasha Kusel Chapman Tripp,
First Defendant
Andrea Challis & Kristal Rowe:- McElroys,
Second Defendant
YES DISCONTINUED 28/07/2016
CIV-2013-409-001240 Robinson v Earthquake
Commission & Lumley General
Insurance (N.Z) Limited
General
Proceeding
Mairehau home, damaged in Sept and Feb, said to require repairs costing 844k, plaintiffs adopt EQC apportionment
of 80% to second quake. Claim for two cap payments from EQC, balance from insurer.
24/06/2013 Grant Shand:- Plaintiff
John Knight/Brendon Orr:- Chapman Tripp,
First Defendant
YES DISCONTINUED 19/11/2015
CIV-2013-409-001239 Mitchell v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Cashmere home, damaged in Sept and Feb. Said to be beyond economic repair. Land TC2. EQC apportioned 73%
to second quake, which plaintiffs adopt. Claim for two cap payments from EQC, balance from insurer. Rebuild cost
claimed $1.1m.
24/06/2013 Grant Shand:- Plaintiff
John Knight/Natasha Kusel Chapman Tripp,
First Defendant
Richard Johnstone/Sarah Waggot:- Wynn
Williams, Second Defendant
YES DISCONTINUED 29/02/2016
CIV-2013-409-001235 Holmeslee Enterprises Ltd v IAG
New Zealand Limited
General
Proceeding
Ashburton property damaged in Sept and Feb. Policy renewed between quakes, building demolished after the
second. Claim for 626k repairs for first event, $1.06m for second, less certain sums paid. See Ridgecrest.
21/06/2013 M Wolff/M Josephson:- Grimshaw & Co,
Plaintiff
Grant Macdonald/Nichola Reid:- DLA Piper
YES DISCONTINUED 07/11/2014
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2013-409-001232 McKenzie and Willis Property
Limited v New Zealand
Insurance Limited
General
Proceeding
Four building at Tuam and St Asp Sts, formerly operated as a furniture and interior design business including
associated warehouse and despatch. Specified sums insured. Said to have been damaged Sept and Feb, after
which buildings demolished. Policy renewed Oct 2010. Whether all buildings covered for "functional replacement".
Meaning of that term. Claim that insurer must pay to repair and strengthen after first quake, and rebuild after second.
Plaintiff says claim not settled within reasonable time.
20/06/2013 Stephanie Grieve:- Duncan Cotterill, Tom
Weston QC Plaintiff
Peter Leman/Brad Cuff DLA Piper,
Defendant
YES DISCONTINUED 10/10/2014
CIV-2013-409-001226 Peddie v Southern Response
Earthquake Services Limited
General
Proceeding
Papuan Rd house, damaged Sept and Feb. Plaintiffs say insurer elected to cash settle for repairs 501k and
agreement was reached on 19 March 2012, but insurer has reneged following a joint review with EQC. EQC has paid
152k. Claim is in debt. NB may not require that parties attend first issues conference, but keydocs bundle should
include all docs evidencing alleged agreement.
12/06/2013 Owen Paulsen:- Cavell Leitch, Plaintiff
Richard Johnstone:- Wynn Williams,
Defendant
YES DISCONTINUED 11/11/2013
CIV-2013-409-001214 Smith, Cox, Onderwater &
Midgley v QBE Insurance
(International) Limited
General
Proceeding
Ernst and Young House, 227 Cambridge St. Policy renewed 1 Nov 2010 with sun insured $13.6m. Alleged error in
policy when renewed; it did not include "undamaged foundations" extension. Damaged in Feb quake. Repairs said to
cost $11m plus substantial contingencies which include releveling at a cost of $2.7m. Below ground works must be
completed successfully before repairs can proceed. Plaintiffs plead that the building is a constructive total loss.
Insurer has not accepted this. Further, building is in "North Frame" and will be compulsorily acquired. Plaintiffs say
the quake was the proximate cause of the compulsory acquisition; further, that it is Government action to control loss
or damage, and so covered. Insurer has paid indemnity value by reference to market value, but plaintiffs plead that it
did not establish that value and pay within a reasonable time.
14/06/2013 Lindsay Lloyd:- MDS Law Paul Michalik,
Plaintiffs
Craig Langstone:- Jones Fee, Defendant
YES DISCONTINUED 03/06/2014
CIV-2013-409-001211 Trumm & Bassett v IAG New
Zealand Limited
General
Proceeding
Rapaki Rd home damaged in 3 quakes. Policy renewed 1 December 2010. Claim for repairs for first quake, sum
insured of 329k for second quake, cost of repairs for third quake. IAG has paid 214k for all quakes. 307k claimed.
12/06/2013 Owen Paulsen:- Cavell Leitch, Plaintiff
Ross Armstrong:- Young Hunter, Defendant
YES DISCONTINUED 20/06/2014
CIV-2013-409-001203 Hale v Lumley General
Insurance (NZ) Limited
General
Proceeding
Cashmere home, damaged in Sept and Feb. Property has slumped and moved laterally. Plaintiffs say that insurer
has not yet advised whether the property can be repaired or must, having regard to ground conditions, be rebuilt.
Claim that house is not repairable, and that insurer has breached obligation to take all reasonable steps to investigate
and assess and provide a fair settlement without delay.
5/06/2013 Emily Walton & Sarah Waggot, Wynn
Williams:- Plaintiff
Andrea Challis/Kristal Rowe:- McElroys,
Defendant
YES DISCONTINUED 17/10/2013
CIV-2013-409-001202 Keating v Southern Response
Earthquake Services Limited
General
Proceeding
Somerfield home damaged in September and February 2011 quakes. Plaintiffs claim 700k to rebuild, saying house
is unrepairable. Insurer has offered 224kk for repairs.
4/06/2013 Andrew Hooker:- Shine Lawyers, Plaintiff
Richard Johnstone/Alannah Shaw,
Defendant
YES DISCONTINUED 22/07/2015
CIV-2013-409-001185 New Zealand Trustee Services
Ltd & ONeill v AA Insurance
Limited
General
Proceeding
Mairehau property, TC2. Damage said to occur in Sept and Feb. EQC said to have accepted liability for 120k, with
115k of that said to be due to second event. AA said to deny that cost of repair exceeds EQC cap. Claim for rebuild
costs $1.3m.
4/06/2013 Grant Shand:- Plaintiff
Peter Hunt/Kristal Rowe:- McElroys,
Defendant
YES DISCONTINUED 19/02/2014
CIV-2013-409-001184 Canterbury Trustees (2006) Ltd
& Page v Earthquake
Commission & Tower Insurance
Limited
General
Proceeding
House at Spreydon, damaged Sept and Feb. Each apportions 13.32% and 86.68%. Repairs said to cost 927k.
EQC said to be liable to pay in full for each event, but has not paid. Tower said to be liable to pay the balance to repair
or replace.
4/06/2013 Grant Shand:- Plaintiff
John Knight/Nikolas Bruce-Smith:- Chapman
Tripp First Defendant
YES DISCONTINUED 02/06/2015
CIV-2013-409-001178 Bailey v The Christchurch City
Council
Judicial Review Richmond property formerly serviced by gravity wastewater system. Council has decided to replace it with a pressure
system, installing a tank and pump and associated alarm on the property. Plaintiff claims this will damage the property
and expose him to the risk of having to pay for the electricity in future. Alleges failure to consult, mistaken
interpretation of s 181 Local Govt Act 2002, Wednesbury unreasonableness, failure to convene a statutory objection
hearing.
5/06/2013 Richard Maze:- Plaintiff
John Shackleton:- Simpson Grierson,
Defendant
YES JUDGMENT - DEFENDED HEARING
02/08/2013
COURT OF APPEAL MILESTONES:
CA578/13
Filed 30/8/13
Abandoned 13/9/13
CIV-2013-409-001055 Wall v Tower Insurance Ltd General
Proceeding
Central city house, TC3, damaged Sept and Feb. EQC paid 226k. Said to be damaged beyond repair, rebuild costs
$1.7m. Claim that indemnity value = replacement value because of restoration/maintenance work. Tower has offered
350k replacement cost, less 160k for depreciation and deferred maintenance.
23/05/2013 Grant Shand:- Plaintiff
Matthew Harris:- Gilbert Walker, Defendant
YES DISCONTINUED 09/12/2013
CIV-2013-409-001054 Ross & Johnstone v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
Mairehau property, TC2. Damage (with EQC apportionment) said to occur in Sept (2%), Feb (98%), June. EQC has
paid 3k and 90k. Plaintiff says house is damaged beyond economic repair and will cost 623k to rebuild on site, Claim
34k from EQC, balance from Southern Response.
22/05/2013 Grant Shand:- Plaintiff
John Knight/Nikolas Bruce-Smith:- Chapman
Tripp, First Defendant
Shane Swinerd:- DLA Piper, Second
Defendant
YES DISCONTINUED 10/02/2016
CIV-2013-409-001052 Lowe v Earthquake Commission
& AA Insurance limited
General
Proceeding
New Brighton home, TC2. Damaged in Sept and Feb. EQC apportionment 4% and 96%, It is said that house is
damaged beyond economic repair and will cost 417k to rebuild. Claim against EQC 130k, balance claimed from AA.
22/05/2013 Grant Shand:- Plaintiff
John Knight/Nikolas Bruce-Smith:- Chapman
Tripp, First Defendant
Greg Jones/Sam Learmonth:- Jones Fee
Second Defendant
YES DISCONTINUED 23/06/2014
CIV-2013-409-000990 Kraal & Irvine v Earthquake
Commission & Allianz NZ
Limited
General
Proceeding
Sumner property damaged in February and June. Redzoned and subject to s 124 Building Act notice (rockfall risk
from proximity to cliff face). EQC is said to have apportioned loss entirely to Feb and has paid 54k. Replacement cost
said to be not less than 550k. Plaintiffs say EQC must pay up to cap for each event. Balance claimed from Allianz.
Raises s 124 notice issue; alternatively, declaration that scope of repairs include protection works to remove rockfall
risk.
20/05/2013 Richard Johnstone:- Wynn Williams,
Plaintiffs
John Knight/Nikolas Bruce-Smith, First
Defendant
Kathryn Pengelly:- DLA Piper, Second
Defendant
YES JUDGMENT - DEFENDED HEARING
30/04/2014
COURT OF APPEAL MILESTONES:
CA281/14
Filed 28/5/14
Dismissed 13/2/15
CIV-2013-409-000989 Sisson v IAG New Zealand
Limited
General
Proceeding
Colombo St home, damaged in Sept and Feb. Policy renewed between quakes but damage from Sept quake not
repaired. Sum insured 1.3m. It is said that it insurer must pay 465k for repair Sept damage and house was rendered
a total loss in Feb. Insurer has paid indemnity value for Feb less EQC, so claim for that event is 473k. (Total rebuild
cost said to be more than 1.8m.) See Ridgecrest.
15/05/2013 Grant Shand:- Plaintiff
Rob Coltman/Kate Sheehan:- Fortune
Manning, Defendant
YES STRUCK OUT 10/08/2015
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2013-409-000988 McCrystall v Earthquake
Commission & Southern
Response Earthquake Service
Limited
General
Proceeding
Russley home damaged in Sept and Feb. EQC has apportioned 19% and 81%. Repair cost said to be 657k. Claim
against EQC 113k per event, balance claimed from Southern Response. It is said that both defendants have refused
to pay.
15/05/2013 Grant Shand:- Plaintiff
John Knight/Nikolas Bruce-Smith, Chapman
Tripp, First Defendant
Emma Gabor:- DLA Piper Second
Defendant
YES DISCONTINUED 13/11/2014
CIV-2013-409-000987 Ryde v Earthquake Commission
& IAG New Zealand Limited
General
Proceeding
Wainoni home on TC3 land. EQC has apportioned damage as 17% (Sept), 64% (Feb), 18% (June). Plaintiff says
repair costs 534k and EQC must pay 89k, 338k, and 96k. It is said that both EQC and IAG have refused to pay
anything.
15/05/2013 Grant Shand:- Plaintiff
John Knight/Nikolas Bruce-Smith:- Chapman
Tripp First Defendant
Peter Leman/Shane Swinerd:- DLA Piper,
Second Defendant
YES DISCONTINUED 04/02/2015
COURT OF APPEAL MILESTONES:
CA709/14
(Costs)
Filed 4/12/14
Dismissed 4/5/15
Cross Appeal
Filed 23/12/14
Dismissed 4/5/15
CIV-2013-409-000898 Maxims Fashions Limited v QBE
Insurance (International) Limited
General
Proceeding
Commercial Building at Oxford Tce, damaged in three quakes. Replacement policy, renewed once in this period.
Plaintiff claims loss for each event, on the basis the building was damaged but not destroyed. QBE has paid
indemnity (market) value $1.6m. See Ridgecrest.
3/05/2013 Stephen Rennie:- Rhodes & Co, Plaintiff
Frank Rose:- Keegan Alexander Michael
Ring QC, Defendant
YES JUDGMENT - PRELIMINARY QUESTION
23/10/2013
COURT OF APPEAL MILESTONES:
CA776/13
Filed 15/11/13
Allowed in Part 10/9/14
Cross Appeal
Filed 27/11/13
Partially Granted 10/9/14
CIV-2013-409-000896 Avondale Golf Club v Lumley
General Insurance (NZ) Limited
General
Proceeding
Club buildings said to have been damaged in 5 quakes from Sept 10 to Dec 11, policy renewed 26/3/11. Sum
insured $2m. Buildings said to be damaged but not destroyed. Insurer has allegedly refused to pay unless plaintiff
agrees buildings were destroyed and accepts indemnity value and signs full release. See Ridgecrest.
3/05/2013 Stephen Rennie:- Rhodes & Co, Plaintiff
Craig Langstone:- Jones Fee, Defendant
YES DISCONTINUED 03/08/2015
CIV-2013-409-000844 Islington Park Limited v ACE
Insurance Limited, IAG New
Zealand Ltd, QBE Insurance
Ltd, The New India Assurance
Co Ltd.
General
Proceeding
Claim under material damage policy for freezing works. Plaintiff says agreed value $9m is payable because quake
damage exceeds 80% of that sum. Alleges defendant insurers have failed to pay.
1/05/2013 David Heaney:- Heaney & Co, Plaintiff
Grant MacDonald/Misha Henaghan:- DLA
Piper, Defendants
YES JUDGMENT - PRELIMINARY QUESTION
12/11/2013
COURT OF APPEAL MILESTONES:
CA828/13
Filed 10/12/13
Dismissed 10/9/14
CIV-2013-409-000843 Quake Outcasts v The Minister
for Canterbury Earthquake
Recovery & Chief Executive,
CERA
Judicial Review Judicial review application. Plaintiffs are a collection of landowners. Challenges the creation of red zones as unlawful
under CERA Act and the "discounted" offers for vacant/uninsured land as inconsistent with CERA Act provisions,
discriminatory and unfair. See Fowler Developments.
1/05/2013 Grant Cameron:- GCA Lawyers Plaintiff
Peter McCarthy:- Crown Law David Goddard
QC, Defendants
YES JUDGMENT - DEFENDED HEARING
26/08/2013
COURT OF APPEAL MILESTONES:
CA571/13
Filed 30/8/13
Allowed in Part 3/12/13
CIV-2013-409-000842 Henderson v Lumley General
Insurance (N.Z.) Limited
General
Proceeding
Dallington property, redzoned. Plaintiffs say house is a writeoff for that reason under the policy, and because it is not
economically repairable. Alleges plaintiffs have option to rebuild. Claim for $1.2m. Alleges insurer has not offered to
settle.
1/05/2013 Grant Shand:- Plaintiff
Andrea Challis & Kristal Rowe:- McElroys,
Defendant
YES DISCONTINUED 23/07/2015
CIV-2013-409-000840 ORourke & Others v Earthquake
Commission & Vero Insurance
General
Proceeding
Home at Wiggins St, said to be damaged beyond economic repair in Sept, Feb and June quakes. EQC is said to be
liable to pay at least 115k but has refused to pay. Vero is said to be liable for the balance. Total loss said to be 522k.
30/04/2013 Grant Shand:- Plaintiff
John Knight & Nikolas Bruce-Smith:-
Chapman Tripp, First Defendant
Hamish Evans:- Young Hunter Second
Defendants
YES DISCONTINUED 09/03/2016
CIV-2013-409-000839 Domenico Trustee Limited v
Tower Insurance Ltd
General
Proceeding
Aranui house, said to be damaged beyond economic repair. Loss said to be 842k. EQC has paid 132k. Deft has
offered 121k.
30/04/2013 Grant Shand:- Plaintiff
Matthew Harris:- Gilbert Walker, Defendant
YES JUDGMENT - PRELIMINARY QUESTION
08/05/2015
COURT OF APPEAL MILESTONES:
CA303/15
Filed 28/5/15
Allowed 13/8/15
Cross Appeal
Filed 12/6/15
Dismissed 13/8/15
CIV-2013-409-000838 Small v Earthquake Commission
& Lumley General Insurance
(NZ) Ltd.
General
Proceeding
New Brighton house said to be damaged beyond economic repair in Sept (80%) and Feb (20%). Loss said to be
495k. EQC said to have refused to pay. Its liability is said to be 212k. Lumley is said to be liable for the balance.
30/04/2013 Grant Shand:- Plaintiffs
John Knight & Nikolas Bruce-Smith:-
Chapman Tripp, First Defendant
Andrea Challis & Kristal Rowe:- McElroys,
Second Defendant
YES DISCONTINUED 09/11/2015
CIV-2013-409-000802 Unwin & Anor v New Zealand
Insurance Limited
General
Proceeding
Commercial/industrial property at Woolston, damaged in Sept and Feb. Policy renewed in December 2010. Said to
have been damaged but repairable at a cost of $2.1m in Sept. No actual repairs done. Said to be substantially in
need of replacement in Feb at a cost of $7m. Policy limit of renewed policy approx $3.5m. Insurer said to take the
stance that liability is capped at policy limit. See Ridgecrest.
22/04/2013 Stephanie Grieve:- Duncan Cotterill, Plaintiff
Paul Smith:- Fortune Manning, Defendant
YES DISCONTINUED 13/12/2013
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2013-409-000792 Morrison & Cross v Vero
Insurance NZ Ltd
General
Proceeding
Commercial property at Heathcote, said to be repairable. Claims for damages in four quakes. Plaintiff says policy
automatically reinstated after each event. Plaintiff does not claim that building was in fact repaired after each quake.
Vero says it need pay only market or indemnity value. It has paid $1.59m. Plaintiff claims $13m. See Ridgecrest.
Summary judgment sought for declarations as to liability.
24/04/2013 Stephen Rennie:- Rhodes & Co, Plaintiff
Peter Hunt/Phillip McKinnon:- McElroys,
Defendant
YES JUDGMENT - DEFENDED HEARING
(Liability only) 15/12/2014
COURT OF APPEAL MILESTONES:
CA609/14
Filed 23/10/14
Allowed in Part 16/6/15
CA46/15
Filed 3/2/15
Abandoned 5/5/15
CIV-2013-409-000758 Wild South Holdings Limited v
QBE Insurance Limited
General
Proceeding
Commercial property, said to be repairable. Claims for damages in four quakes. Plaintiff says policy automatically
reinstated after each event. Plaintiff does not claim that building was in fact repaired after each quake. QBE says it
need pay only market or indemnity value. It has paid $1.3m. See Ridgecrest. Summary judgment sought for
declarations as to liability.
17/04/2013 Stephen Rennie:- Rhodes & Co, Plaintiff
Frank Rose:- Keegan Alexander Michael
Ring QC, Defendant
YES JUDGMENT - PRELIMINARY QUESTION
23/10/2013
COURT OF APPEAL MILESTONES:
CA776/13
Filed 15/11/13
Allowed in Part 10/9/14
Cross Appeal
Filed 28/11/13
Partially Granted 10/9/14
CIV-2013-409-000591 Horsburgh v IAG New Zealand
Limited
General
Proceeding
Avondale house, said to be damaged beyond economic repair in Sept, Feb and June. Redzoned. Claim for rebuild
costs 754k. Deft said to have offered repair costs 225k less EQC.
25/03/2013 Grant Shand:- Plaintiff
Kate Sheehan:- Fortune Manning,
Defendant
YES DISCONTINUED 05/09/2013
CIV-2013-409-000589 Cross v Tower Insurance
Limited
General
Proceeding
New Brighton property, said to have been damaged beyond economic repair in Sept, Feb, June. Red zoned, sold to
CERA. Rebuild cost 663k claimed. Quantity surveyors to agree scope. Repair or rebuild cost may exceed buy
another home option; see Skyward.
25/03/2013 Grant Shand:- Plaintiff
Marin Smith:- Gilbert/Walker, Defendant
YES DISCONTINUED 28/10/2015
CIV-2013-409-000588 Archer v IAG New Zealand
Limited
General
Proceeding
St Martins property, said to have been damaged beyond economic repair in Sept and Feb. Rebuild cost 413k
claimed. Deft said to have offered nothing for repair or rebuild. EQC has paid $2,652.32, assessed as under cap in
four events, may be joined. Potential issue whether insurers liability to lift house for flood zone compliance depends on
existing use rights.
22/05/2013 Grant Shand:- Plaintiffs
Paul Smith/Myriam Mitchell:- Fortune
Manning, First Defendant
YES DISCONTINUED 09/09/2015
CIV-2013-409-000587 Dietsche v AA Insurance Limited General
Proceeding
Lyttleton property, said to have been damaged beyond economic repair in Feb and June. Rebuild cost 527k claimed.
Deft has offered estimated repair costs 286k. Issue whether repair strategy (lifting) reflects access difficulties.
22/03/2013 Grant Shand :- Plaintiffs
Greg Jones:- Jones Fee, Defendant
YES DISCONTINUED 09/12/2015
CIV-2013-409-000586 Rout v Southern Response
Earthquake Services Limited
General
Proceeding
Brooklands property, said to have been damaged beyond economic repair in Sept, Feb, June. Red zoned. Rebuild
costs 874k claimed. Deft initially proposed to pay rebuild cost, but only 453k. Now says repairable by lifting, void fill
and slab, said to be a proven method. Raises issue whether land or foundations are being fixed.
21/03/2013 Grant Shand:- Plaintiffs
Misha Henaghan:- DLA Piper, Defendant
YES JUDGMENT - DEFENDED HEARING
06/12/2013
CIV-2013-409-000585 McCleary & Shaskey v Tower
Insurance Limited
General
Proceeding
Worcester St house, described as villa erected about 1910, said to have been damaged beyond economic repair in
Sept and Feb. Claim for 481k rebuild on site. Deft says rebuild cost 243k.
21/03/2013 Grant Shand:- Plaintiffs
Kathryn Pengelly:- DLA Piper, Defendant
YES DISCONTINUED 29/04/2013
CIV-2013-409-000581 Marsh v Southern Response
Earthquake Services Limited
General
Proceeding
Mt Pleasant property, said to have been damaged beyond economic repair in Sept, Feb, June. Claim for $1.2m
rebuild on site. Deft says repairable for 279k, or in any event less than rebuild. House needs lifting. Insurer wishes to
commission repairs. Plaintiff wants to ensure scope and methodology correct and repairs are done to policy standard.
21/03/2013 Grant Shand:- Plaintiffs
CR Johnstone & Sarah Waggot:- Wynn
Williams, Defendant
YES DISCONTINUED 23/12/2014
CIV-2013-409-000555 Avon Rowing Club Inc v Vero
Insurance NZ Limited
General
Proceeding
Claim re buildings at Avonside Drive, damaged in Sept and Feb. Policy was renewed between these quakes. Parties
agree values and application of two policies to each event. Issues now reduced; principally whether subsidence
extension available in addition to earthquake one and whether Club can claim for alternative accommodation.
15/03/2013 Stephen Rennie:- Rhodes & Co, Plaintiff
Phillip McKinnon:- McElroys, Defendant
YES DISCONTINUED 01/07/2013
CIV-2013-409-000552 Jerard & Abbott v Southern
Response Earthquake Services
Limited
General
Proceeding
Heathcote property, damaged in Feb and June quakes. EQC not settled. Claims rebuild costs $1.3m on basis that
house, which is on damaged concrete slab, is not economically repairable. Insurer has offered 344k. House is
redzoned., plaintiffs say unrepairable for that reason It is not subject to s 124 notice but plaintiffs say that is because it
is presently protected from rock fall by other houses that are to be demolished: they say that rock fall risk has
permanently deprived them of the property. Deadline for CERA offer 31 August.
15/03/2013 Duncan Webb:- Lane Neave, Plaintiffs
Misha Henaghan:- DLA Piper, Defendant
YES DISCONTINUED 03/12/2013
CIV-2013-409-000522 Patel & Others v Certain
Underwriters at Lloyds
General
Proceeding
Property at Cashel St. Policy contained reinstatement sum 565k. Reinstatement cost for Sept quake said to be 431k,
and for Feb quake 650k. Plaintiffs claim both, less part payment and EQC. No repairs done between quakes. Plaintiff
points to automatic reinstatement clause, deft says policy in Ridgecrest had a per-event sum insured which has same
effect.
6/03/2013 Andrew Hooker:- Shine Lawyers, Plaintiff
Kathryn Pengelly:- DLA Piper, Defendant
YES DISCONTINUED 14/07/2015
CIV-2013-409-000521 Ross v IAG New Zealand
Limited
General
Proceeding
Building at High St, with reinstatement policy to $2.6m. Plaintiff says that the cost of reinstatement exceeds that sum
but the insurer claims repair costs are less than $1m.
6/03/2013 Andrew Hooker:- Shine Lawyers, Plaintiff
Myriam Mitchell:- Fortune Manning,
Defendant
YES DISCONTINUED 11/11/2014
CIV-2013-409-000459 New Zealand Trustee & Scott v
Southern Response Earthquake
Services Limited
General
Proceeding
Edgeware home, said to be damaged beyond repair after Sept and Feb quakes. Claims rebuild cost $1.5m on same
site. Insurer has offered repair costs 337k.
6/03/2013 Grant Shand:- Plaintiff
Alannah Shaw:- Wynn Williams, Defendant
YES DISCONTINUED 17/11/2016
CIV-2013-409-000400 Maryville Courts Trust Board v
Earthquake Commission
General
Proceeding
(& Summary
Judgment)
Retirement village operator pleads that it reached agreement with EQC as to amounts it would pay for damage to its
village complex, but EQC later refused to pay. Judgment sought for $1.2m. Estoppel also pleaded; insured is said to
have settled with private insurer on basis of EQC agreement.
26/02/2013 John Callaghan: McGillivray Callaghan, Dale
Lester, Plaintiff
John Knight/Nicholas Wood:- Defendant
YES DISCONTINUED 06/05/2014
CIV-2013-409-000397 Carter v Southern Response General
Proceeding
New Brighton house, said to be written off in Sept and Feb quakes. Plaintiffs say they intend to rebuild on another site
or buy another house. They claim $1m rebuild costs.
26/02/2013 Grant Shand:- Plaintiff
Alannah Shaw/Emily Walton:- Wynn
Williams, Defendant
YES DISCONTINUED 21/07/2014
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2013-409-000364 Lewis v Southern Response General
Proceeding
Brooklands property, damaged in 4 quakes. Insurer said to accept that it is written off. Plaintiffs seek to quantify
reinstatement cost. Insurer said to have offered 582k including EQC provided plaintiffs rebuild, but refused to pay
actual rebuild costs. Plaintiffs claim minimum 689k
20/02/2013 Duncan Webb:- Lane Neave, Plaintiff
Sarah Waggot:- Wynn Williams , Defendant
YES DISCONTINUED 26/09/2013
CIV-2013-409-000274 Fowler Developments Limited v
The Chief Executive of the
Canterbury Earthquake
Recovery Authority
Judicial Review Judicial review application. Challenge to CERA offer for vacant sections in re zones. Plaintiff, which owns 11 sections
at Brooklands, says that CERA offer of 50% of 2007 rating valuation is discriminatory and arbitrary. See Quake
Outcasts.
12/02/2013 SP Rennie & JE Bauley:- Rhodes & Co,
Plaintiffs
P McCarthy:- Crown Law, Defendant
YES JUDGMENT - DEFENDED HEARING
26/08/2013
COURT OF APPEAL MILESTONES:
CA571/13
Filed 30/8/13
Allowed in Part 3/12/13
CIV-2013-409-000272 Monk v Vero Insurance NZ
Limited
General
Proceeding
Redcliffs property, damaged in February and June quakes. Redzoned and subject to s 124 notice. Said to be a
writeoff for insurance purposes for these reasons and uneconomic to repair in any event. Rebuild costs $1.4m less
EQC 222k claimed.
12/02/2013 Grant Shand:- Plaintiff
Philippa Fee:- Jones Fee, Defendant
YES DISCONTINUED 11/07/2013
CIV-2013-409-000271 Theobald Holdings Limited v
Vero Insurance NZ Limited
General
Proceeding
Heathcote property, damaged in all major quakes. Redzoned and subject to s 124 notice. Not said to be otherwise
unrepairable. Rebuild costs $1.05m less EQC 226k claimed. Defendant is said to have offered 236k repair costs.
Issue whether permanent 124 notice makes house a writeoff, and whether notice will be removed within a relevant
period.
12/02/2013 Grant Shand:- Plaintiff
Philippa Fee:- Jones Fee, Defendant
YES DISCONTINUED 17/06/2013
CIV-2013-409-000267 Preston v Vero Insurance NZ
Limited & IAG NZ Limited
General
Proceeding
Sumner property damaged in February and June quakes. Redzoned and subject to s 124 Building Act notice.
Plaintiffs say house is a writeoff for insurance purposes for both reasons. Not said to be otherwise unrepairable.
Rebuild costs $1.49m less EQC 4k claimed.
12/02/2013 Grant Shand:- Plaintiff YES DISCONTINUED 21/03/2013
CIV-2013-409-000265 Smith v Southern Response
Earthquake Services Limited
General
Proceeding
Dallington property, redzoned. Plaintiffs say house is a writeoff for that reason, and because it is not economically
repairable. Claim for 593k less EQC 115k. It is said that defendant offered 341k for rebuild. Issue appears to be
quantum.
12/02/2013 Grant Shand:- Plaintiff
C R Johnstone:- Wynn Williams, Defendant
YES DISCONTINUED 17/04/2014
CIV-2013-409-000204 Patterson v IAG New Zealand
Ltd
General
Proceeding
Oxford Tce home on piles. Insurer said to have refused to meet actual repair costs 314k on basis redzoned, or to pay
the cost of rebuilding, offers costs of repair 241k if plaintiff buys elsewhere. Plaintiff says notional repair involves lifting
and new foundations, and floor level below minimum now permissible in flood management area. Plaintiff also claims
a total loss for this reason and because site is redzoned. Cites inability to repair, loss of services, inability to insure.
Insurer said to be party to red zone agreement with Crown and EQC to this effect. Alleged breach of duty of utmost
good faith.
5/02/2013 Duncan Webb:- Lane Neave, Plaintiff
PM Smith & M Mitchell:- Fortune Manning,
Defendants
YES DISCONTINUED 06/05/2013
CIV-2013-409-000150 Odams and Quinn v Tower
Insurance Limited
General
Proceeding
Lyttleton home damaged beyond repair in Feb. Claim for rebuild costs $2.47m plus demolition 60k less EQC 115k.
Tower has offered rebuild costs of $1.46m.
30/01/2013 Grant Shand:- Plaintiff
Kathryn Pengelly:- DLA Piper, Defendant
YES DISCONTINUED 17/04/2013
CIV-2013-409-000123 Miles and van der Kloot
Meijburg v IAG New Zealand Ltd
General
Proceeding
West Melton home damaged in September, February and later quakes. Said to be economically unrepairable. IAG
has assessed home as a repair and further says repair will result in betterment for which an adjustment must be made.
Separate cause of action alleging breach of duties to act promptly and fairly: general damages claimed. Contents
claim: replacement policy; it is said that IAG wrongly applied depreciation and insisted plaintiffs replace contents before
it will meet claim.
25/01/2013 Mark Henderson:- Corcoran French, Plaintiff
Ian Hunt:- Young Hunter, Defendant
YES DISCONTINUED 22/09/2015
CIV-2013-409-000079 Whiting & Others v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
Fendalton home damaged in September, February and June quakes. House sold and rights assigned to plaintiffs
from 23 May 2012. Claim for 113k for each quake against EQC. Claim for repair costs for further damage in each
quake against IAG $1.146m.
22/01/2013 Grant Shand:- Plaintiff
John Knight:- Chapman Tripp, First
Defendant
C Hlavac:- Young Hunter, Second Defendant
YES DISCONTINUED 10/06/2014
COURT OF APPEAL MILESTONES:
CA459/14
(Costs)
Filed 22/8/14
Dismissed 4/5/15
CIV-2013-409-000072 Peffers v Body Corporate
328318 & Others
Originating
Application
Unit Titles: High St apartments destroyed in quakes. Scheme to be cancelled. Challenge to proposal to distribute
insurance proceeds among apartment owners. Applicants say original ownership interests do not reflect values
before quakes, substantially because some apartments had been improved while others had not. They seek
revaluation under s 177.
17/01/2013 S Price :- Mackintosh Bradley & Price G
Brodie Applicant
C R Johnstone:- Wynn Williams
Respondents
YES GRANTED 31/01/2013
CIV-2013-409-000046 Exterior Building Care Goleman
Limited v Air Fluid Otago Limited
General
Proceeding
Claim arising from rock fall mitigation project in which plaintiff undertook to secure cliff faces and other rock hazards at
McCormacks Bay. Used defendants methodology and drilling equipment and services. Claim that equipment did not
work as promised and delivery of self-drilling anchors was delayed. Claim for wasted expenditure, additional costs of
completing work, lost profit, totalling 493k. Counterclaim for costs of repairing damaged drill. Issues: what specs
given/promises made, delivery, whether machines performed poorly, if so why.
14/01/2013 Duncan Webb:- Lane Neave, Plaintiff
Mr Win Rodgers Law, Dean Tobin:-
Defendant
YES JUDGMENT - DEFENDED HEARING
12/06/2014
COURT OF APPEAL MILESTONES:
CA265/14
Filed 19/5/14
Abandoned 20/4/15
CA333/14
Filed 23/6/14
Abandoned 20/4/15
CA371/14
Filed 9/7/14
Abandoned 20/4/15CIV-2013-409-000024 Peterson v Lumley General
Insurance (NZ) Ltd
General
Proceeding
Pines Beach home said to have been damaged beyond repair in September and February. Also raises redzone
issue. Plaintiffs must vacate by 31 July 2013. Rebuild cost claimed on current site 519k. Lumley has offered 17k for
repairs. May raise additional foundation costs issue. Replacement policy included rent cover. Claim for lost rent
between September 2010 and plaintiffs re-occupation in April 2011.
9/01/2013 Grant Shand:- Plaintiff
K Rowe/A Challis:- McElroys, Defendant
YES DISCONTINUED 17/01/2014
CIV-2013-409-000022 Gilzean v AA Insurance General
Proceeding
Edgeware home written off in February and June 2011 quakes. Claim for 1.4m to rebuild on site. 9/01/2013 Grant Shand:- Plaintiff
Peter Hunt/Kristal Rowe:- McElroys,
Defendant
YES DISCONTINUED 19/08/2014
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2013-404-003210 New Zealand Plastic Recycling
Limited v IAG New Zealand
Limited & Crester Holdings
Limited
General
Proceeding
(transferred from
the Auckland
registry)
Plaintiff leased building in Francella Street – used it to store equipment. Both building and equipment damaged in
February 11 quake. IAG was insurer – plaintiff says policy required IAG to store contents of building. IAG moved
equipment to Halswell Junction Road to assess damage to it. In May 2013, IAG advised it is not willing to continue to
pay for storage. Plaintiff seeks declaration re storage costs. Also asserts IAG hasnt properly assessed damage to
equipment and that further damage caused by IAG. IAG brings counterclaim. Counterclaim defendant was plaintiffs
landlord. It required plaintiff to remove equipment when premises became unstable as result of earthquake. Plaintiff
did not do so. IAG required to do so. Counterclaim def claimed lien but agreed to removal on undertakings being
given. Damage has been assessed. IAG requested plaintiff to remove machinery and equipment. Plaintiff failed to do
so. Neither plaintiff or counterclaim def have answered its query re lien. IAG seeks declaration that it can dispose of
equipment.
19/06/2013 Andrew Hooker:- Shine Lawyers, Plaintiff
Ross Armstrong:- Young Hunter, First
Defendant
YES DISCONTINUED 01/05/2014
CIV-2013-061-000158 Elliott v Earthquake Commission
& Southern Response
Earthquake Services Limited
General
Proceeding
(transferred from
District Court)
Property at Akaroa Street, Kaiapoi. Covered under AMI policy. Damaged in September 2010 and February 2011. The
plaintiff says it has not received from the defendants substantive payments for earthquake damage to the house. The
plaintiff says the economic option is to rebuild at a cost of $619,162.82. The plaintiff claims $227,700 plus damages,
interest and costs from the first defendant and $380,620.71 plus damages, interest and costs from the second
defendant.
13/11/2013 9/06/2015 Grant Shand:- Plaintiffs
Nikolas Bruce-Smith/John Knight:-Chapman
Tripp, First Defendant
Pip Allan/Emily Walton:- Wynn Williams,
Second Defendant
YES DISCONTINUED 12/12/2016
CIV-2013-009-002355 Visker & Reid & Tonik Holdings
2013 Limited v Earthquake
Commission & Southern
Response Earthquake Services
Limited
General
Proceeding
(transferred from
District Court)
Property at Racecourse Road, Sockburn. Covered under AMI policy. Damaged in September 2010 and February
2011. The plaintiffs say the economic option is to rebuild at a cost of $396,416.32. The plaintiffs claim $219,584.85
(plus interest and costs) against the first defendant and $159,832.62 (plus interest and costs) from the second
defendant.
13/11/2013 24/07/2015 Grant Shand:- Plaintiff
John Knight:- Chapman Tripp, First
Defendant
Peter Leman:- DLA Piper, Second
Defendant
YES DISCONTINUED 01/08/2017
CIV-2013-009-002314 Sii v Earthquake Commission &
Tower Insurance Limited
General
Proceeding
(transferred from
District Court)
Property at Staveley Street, Avonhead. Covered under TSB Bank policy. Damaged in September 2010, February
2011 and June 2011. The plaintiff says the economic option is to repair at a cost of $733,242.82. The plaintiff says the
first defendant offered to pay a dwelling related payment of $8392.10. The plaintiff claims $300,291.05 (plus
damages, interest and costs) from the first defendant and $402,474.39 (plus damages, interest and costs) from the
second defendant.
13/11/2013 27/11/2015 Grant Shand:- Plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Martin Smith:- Gilbert Walker, Second
Defendant
YES DISCONTINUED 21/06/2018
CIV-2013-009-001967 Roberts v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
(transferred from
District Court)
Property at Gilberthorpes Road, Hei Hei. Covered under NZI policy. Damaged in December 2010. The plaintiffs say
they have not received from the defendants substantive payments for earthquake damage to the house. The plaintiffs
say the economic option is to rebuild at a cost of $561,741.05. The plaintiffs claim $113,850 plus damages, interest
and costs from the first defendant and $446,741.05 plus $2000 stess payment, damages, interest and costs from the
second defendant.
19/09/2013 25/05/2015 Grant Shand:- Plaintiffs
Gabrielle Scott-Jones:- Chapman Tripp, First
Defendant
Peter Leman/Emma Gabor:- DLA Piper,
Second Defendant
YES DISCONTINUED 26/10/2016
CIV-2013-009-001736 Black v Earthquake Commission
& Vero Insurance New Zealand
Limited
General
Proceeding
(transferred from
District Court)
Property at Ferry Road, Waltham. Covered under ANZ Bank policy. Damaged in September 2010 and February/June
2011. The plaintiffs say they have not received from the defendants substantive payments for earthquake damage to
the house. The plaintiffs say the economic option is to rebuild at a cost of $396,127.85. The plaintiffs claim
$169,513.32 plus damages, interest and costs from the first defendant and $224,902.28 plus damages, interest and
costs from the second defendant.
19/08/2013 9/06/2015 Grant Shand:- Plaintiffs
Nicole Evans:- Chapman Tripp, First
Defendant
Kristal Rowe:- McElroys, Second Defendant
YES DISCONTINUED 27/10/2015
CIV-2013-009-001734 SSJ Trading Limited v
Earthquake Commission
(Discontinued) & Tower
Insurance Limited
General
Proceeding
(transferred from
District Court)
Property at Suva Street, Upper Riccarton. Covered under TSB Bank policy. Damaged in September 2010, February
2011 and December 2011. The plaintiff says the economic option is to rebuild at a cost of $629,553.87. The plaintiff
claims $254,801.89 (plus interest and costs) from the first defendant and $357,165.40 (plus interest and costs) from
the second defendant.
19/08/2013 24/07/2015 Grant Shand:- Plaintiff
John Knight:- Chapman Tripp, First
Defendant
Martin Smith:- Gilbert Walker, Second
Defendant
YES DISCONTINUED 04/04/2018
CIV-2013-009-001627 Lovelace & Ors v Earthquake
Commission & IAG New
Zealand Limited
General
Proceeding
(transferred from
District Court)
Property at Fenchurch Street, Northcote. Covered under NZI policy. Damaged in September 2010 and
February/June/December 2011. The plaintiffs say they have not received from the defendants substantive payments
for earthquake damage to the house. The plaintiffs say the economc option is to rebuild at a cost of $580,784.50. The
plaintiffs claim $285,198.68 plus damages, interest and costs from the first defendant and $292,706.05 plus $2000
stress payment, damages, interest and costs from the second defendant.
7/08/2013 2/06/2015 Grant Shand:- Plaintiffs
Nikolas Bruce-Smith:- Chapman Tripp, First
Defendant
Laura McLoughlin-Ware/Willie Hamilton:-
Duncan Cotterill, Second Defendant
YES DISCONTINUED 05/05/2017
CIV-2013-009-001622 Sale v Earthquake Commission
& Lumley General Insurance
(N.Z.) Limited
General
Proceeding
(transferred from
District Court)
Property at Winters Road, Mairehau. Covered under Westpac Bank policy. Damaged in September 2010 and
February 2011. The plaintiff says the first defendant estimates the house can be repaired for $45,329.02 and the
second defendant estimates the house can be repaired for $121,404.29. The plaintiff says the house must be rebuilt
at a cost of $692,822.15. The plaintiff claims $227,000 (plus damages, interest and costs) from the first defendant and
$439,810.64 (plus $1000 stress payment, damages, interest and costs) from the second defendant.
7/08/2013 22/09/2015 Grant Shand:- Plaintiff
John Knight:- Chapman Tripp, First
Defendant
Caroline Laband:- DLA Piper, Second
Defendant
YES DISCONTINUED 18/07/2018
CIV-2013-009-001256 Ward & Ors v Earthquake
Commission & IAG New
Zealand Limited & Vero
Insurance New Zealand Limited
(Discon)
General
Proceeding
(transferred from
District Court)
Property at Cambridge Terrace, Christchurch. Covered under Vero policy. Damaged in September 2010 and
February 2011. The plaintiffs say the defendants proposed repair strategy will not reinstate the building. The plaintiffs
say the foundations must be replaced to properly repair the building. The plaintiff claims $479,308.50 from the first
defendant and the remainder from the second defendants (plus damages, interest and costs).
24/06/2013 17/03/2016 Bill Dwyer:- solicitor for plaintiffs; and Jai
Moss/, counsel acting for plaintiffs
John Knight:- Chapman Tripp, First
Defendant
Ian Hunt:- Young Hunter, Second Defendant
YES DISCONTINUED 13/03/2019
CIV-2013-009-001197 Pennylane Properties Limited v
Aotearoa Property Trust Limited
General
Proceeding
(transferred from
District Court)
Property in Hereford Street. Damage in February 2011 quake. Sold to defendant in April 2011. Prior to settlement,
existing damage aggravated by June 2011 quake. Plaintiff says defendant refused to settle. CERA required
demolition. Defendant sought reduced purchase price. Amount of deduction fixed by independent solicitor on interim
basis, to be paid to stakeholder. Settlement in Aug 2011 involved vendor advance. Advance due to be repaid - no
repayment. Defendant says it can set off additional deconstruction costs. Set off rejected by plaintiff. Plaintiff seeks
$168k.
14/06/2013 9/07/2013 Willie Palmer/Frances Hook:- Buddle
Findlay, Plaintiff
Stephen Savill:- RA Fraser & Assoc,
Defendant
YES DISCONTINUED 15/02/2016
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2012-485-001878 Phillips v IAG NZ LTD General
Proceeding
Burwood house in residential red zone, deft accepts total loss. Rebuild to be on different site on like for like basis, but
parties cannot agree what that means. Plaintiff says home was high quality and uses costs of $3450-$4450m²,
defendant $1186. EQC has paid.
5/09/2012 Matthew Josephson: Grimshaw and Co -
Plaintiff
Catherine Jamieson: Young Hunter,
Defendant
YES DISCONTINUED 08/08/2013
CIV-2012-409-002823 Hurring v IAG New Zealand
Limited
General
Proceeding
Burwood home damaged in September and February quakes. Said to be a total loss, uninhabitable. Raises redzone
issue. Claim 1.3m to rebuild elsewhere. IAG has offered 275k less EQC payment for repairs. Alternative
accommodation costs claimed.
21/12/2012 Grant Shand:- Plaintiff
Peter Leman/Kristal Rowe:- DLA Piper,
Defendant
YES DISCONTINUED 26/06/2013
CIV-2012-409-002807 Whitta v Tower Insurance General
Proceeding
Somerfield home damaged in September and December 2010 and February 2011 quakes. Plaintiffs claim 663k to
repair or rebuild, Tower has offered 127k for repairs. Principal issue whether foundation damage pre-existing, may
require short trial. Parties experts to confer on repair strategy if damage all quake-related, and scope of above-ground
repair work.
19/12/2012 Grant Shand:- Plaintiff
John Hannan/ Kathryn Pengelly- DLA Piper,
Defendant
YES DISCONTINUED 09/06/2014
CIV-2012-409-002781 Roberts v Tower Insurance
Limited
General
Proceeding
Hillsborough home subject to s 124 notice and said to be economically unrepairable. Redzoned (rock fall risk).
Claim 650k for rebuild. Tower has offered 184k for notional repairs.
19/12/2012 Grant Shand - plaintiff
Matthew Harris/Zoe Fuhr:- Gilbert Walker,
Defendant
YES DISCONTINUED 19/02/2014
CIV-2012-409-002778 Wakefield v Southern Response
Earthquake Services Limited
General
Proceeding
Fendalton home written off in September and February quakes. Four settlement options offered to plaintiffs who is
said to have elected to buy another house. Dispute as to cost of this option 3.7m vs. 2.5m. Difference includes
project management and architect fees, excavation and additional foundation costs, builders margin and contingency.
Defendant is said to have refused to pay the undisputed amount but says it will do so once it has proof of purchase of
new house.
18/12/2012 Grant Shand:- Plaintiff
Anna McElhinney: DLA Piper Defendant
YES DISCONTINUED 20/03/2014
CIV-2012-409-002746 Ohlson & Anor v Southern
Response Earthquake Services
Limited
General
Proceeding
Brooklands home. Raises redzoning issue. Plaintiffs say it is not economically repairable in any event. Deft said to
have offered repair costs (273k inclusive of EQC). House is on timber piles. Raises issue of land subsidence. Central
issue whether additional work would be needed if repairs undertaken. Onus on insurer. Direction that insurer must be
permitted to seek building consent for its preferred scope of works to prove work is consentable.
13/12/2012 Duncan Webb:- Lane Neave, Plaintiff
CR Johnstone Sarah Waggot:- Wynn
Williams, Defendant
YES DISCONTINUED 04/10/2013
CIV-2012-409-002745 Church Property Trustees v The
Attorney-General & The Great
Christchurch Buildings Trust
General
Proceeding
Trustee Act application relating to proposed Transitional Cathedral. Seeks declarations that applicant may use
insurance proceeds to build transitional cathedral and fund operations of Chapter and Cathedral community.
12/12/2012 Jared Ormsby:- Wynn Williams Plaintiff
Peter Gunn:- Crown Law Defendant
Foote, Ayleath:- Duncan Cotterill
Francis Cooke QC, Second Defendant
YES JUDGMENT - DEFENDED HEARING
05/08/2015
CIV-2012-409-002734 Scott v Lumley General
Insurance (N.Z.) Limited
General
Proceeding
Brooklands house. Plaintiffs say repairs 488k and uneconomic. Not until August 2012 did EQC accept over cap and
only recently has it quantified its payment at 225k. Deft assessed repairs 156k, but is said not to have got site-specific
geotech advice. Raises redzoning issue. Claim for either replacement value or repairs 512k. Pleads breach of duty
of good faith, general damages sought. Nonspecific claim for a benefit re mortgage. Repair strategy raises issue
whether land or foundations are being fixed.
12/12/2012 Andrew Marsh:- Saunders Robinson Brown:-
Plaintiff
Kristal Rowe:- McElroys, Defendant
YES DISCONTINUED 10/07/2013
CIV-2012-409-002732 Yazdanpanah v IAG New
Zealand Limited
General
Proceeding
Bexley home. Said to be written off by Feb quake. Deft said to have assessed house accordingly and offered inter alia
to pay cost of another house up to cost of rebuild less EQC payments, since redzoning offered assessed cost to
rebuild 273k less EQC 198k. Claim for 734k less EQC.
11/12/2012 Grant Shand:- Plaintiff
P Smith:- Fortune Manning, Defendant
YES DISCONTINUED 21/05/2013
CIV-2012-409-002724 Body Corp 073471 v Dynasty
Hotel Investments Ltd & Anor 80
Respondents
Originating
Application
Application to settle scheme under Unit Titles Act, s 74, for Heritage Hotel Tower and car park. Application
unopposed.
7/12/2012 Dale Nicholson: - Duncan Cotterill Plaintiff YES GRANTED 17/05/2013
CIV-2012-409-002722 Skyward Aviation 2008 Limited v
Tower Insurance Ltd
General
Proceeding
Burwood house and sleepout. Said to be damaged beyond repair in Sept quake, and further damaged in Feb.
Property redzoned June 2011 and sold for rating valuation. Tower offered repair costs (net of EQC) 104k. Plaintiff
says repair would require structures removal, new type 2B foundations at former elevation, and extensive remediation
of structure. Repair costs 764k said to nearly match rebuild cost elsewhere. Plaintiff wants Tower to pay for rebuild.
Primary issue whether house repairable at economic cost. Raises same issue re interpretation of Tower policy as
Snow (see above)
7/12/2012 Peter Richardson:- Linwood Law Kevin
Sullivan Plaintiff
Martin Smith/Matthew Harris:- Gilbert Walker
Defendant
YES JUDGMENT - PRELIMINARY QUESTION
30/07/2013
COURT OF APPEAL MILESTONES:
CA563/13
Filed 29/8/13
Allowed in Part 20/3/14
CIV-2012-409-002683 Shaw v Tower Insurance
Limited
General
Proceeding
Brooklands home, subject to redzone offer to expire 31 March. Tower initially accepted home not economically
repairable but now says it is. They seek rebuild costs of $1.03m. Tower has paid the Shaws 405k towards value of
repairs. Raises issue of land subsidence and adequacy of releveling concrete slab with grout and resin. Plaintiffs say
house not repairable on any view. First case for trial on impact of flood zones. Also raises redzoning issue. Policy has
natural disaster extension.
5/12/2012 Gerard Richardson:- Meares Williams Kevin
Sullivan Plaintiff
Matthew Harris:- Gilbert Walker, Defendant
YES DISCONTINUED 26/06/2013
CIV-2012-409-002628 Snow & Gaze Burt Trustees
Limited v Tower Insurance
Limited
General
Proceeding
Burwood house in residential red zone, insurer offers repair costs only, 255k. Plaintiffs claim rebuild cost 1m including
470k for foundations. They also say house damaged beyond economic repair. Tower says concrete foundation
repairs possible in this case. Issue re Towers right to pay costs of another existing house if it pays "full replacement
value"; is amount capped at a) replacement cost or b) market value of comparable existing house; challenge to
OLoughlin judgment to that extent. Same issue arises in Skyward. Plaintiffs also say Tower made election to pay so
cannot replace.
27/11/2012 Grant Shand:- Plaintiff
Ben Prewett:- Gilbert Walker Defendant
YES DISCONTINUED 07/07/2013
CIV-2012-409-002601 The Pavilions (1992) Limited v
QBE Insurance (International)
Limited
General
Proceeding
Hotel at Papuan Rd, damaged in all quakes. Claims under material damage and business interruption policies.
Issues whether building repairable, appropriate repair option (grout and resin, or new foundation), extent of business
interruption losses.
23/11/2012 Andrew Hooker:- Shine Lawyers, Plaintiff
Virginia Wethey:- Jones Fee, Defendant
YES DISCONTINUED 19/04/2017
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2012-409-002537 Peebles & Anor v IAG NZ Ltd &
Others
General
Proceeding
Building at 116 St Asp St, damaged in Sept and Feb quakes and sold to plaintiff post Feb quake. Claim under policy
assigned to plaintiff on sale. Plaintiff claims repair costs after Sept quake plus indemnity value of building after Feb
quake up to sum inured of 623k. Expert process continuing, parties granted until end May to report.
15/11/2012 Grant Shand:- Plaintiff
Paul Smith and M Mitchell: Fortune Manning,
Defendants
YES DISCONTINUED 20/06/2014
CIV-2012-409-002536 Avonside Holdings Limited v
Southern Response Earthquake
Services Ltd
General
Proceeding
Avondale house, said to be damaged reparably in Sept and beyond repair in Feb. Redzoned. Claim for rebuild costs
$1.6m less EQC 230k, plus lost rent 83k. Not in dispute that plaintiff entitled to cost of rebuild elsewhere, but
substantial difference in cost estimates. Whether professional fees of rebuild payable under this policy limb. Large
element of underinsurance. Issues of non-disclosure in proposal of swimming pool attached to house and proof of
rent.
15/11/2012 Grant Shand:- Plaintiff
R Johnstone and S Waggot: Wynn Williams -
Defendant
YES JUDGMENT - DEFENDED HEARING
11/07/2013
COURT OF APPEAL MILESTONES:
CA520/13
Filed 8/8/13
Allowed in Part 1/10/14
CIV-2012-409-002524 Littlejohn & Anor v Southern
Response Earthquake services
Limited
General
Proceeding
Heathcote house, damaged Sept and Feb. Redzoned (rock fall risk). House not said to be otherwise uneconomic to
repair. AMI premier policy. Notional rebuild costs 1.1m less EQC 113k. Whether s 124 notice renders house a
writeoff for insurance purposes. Costs of repair or rebuild.
13/11/2012 Grant Shand:- Plaintiff
C R Johnstone and S E Waggot: Wynn
Williams - Defendant
YES DISCONTINUED 09/09/2013
CIV-2012-409-002523 Champagne Developments
Limited v Tower Insurance
Limited
General
Proceeding
Merivale house damaged Sept and Feb. Rental, covered under rental house policy. Claim for full replacement on
same site, 2.6m less EQC 115k. Deft said to have refused or failed to pay.
13/11/2012 Grant Shand:- Plaintiff
M Harris: Gilbert/Walker - Defendant
YES DISCONTINUED 16/12/2014
CIV-2012-409-002521 Parker & Anor v Tower
Insurance Limited
General
Proceeding
New Brighton house damaged Sept and Feb. Claim for rebuild on same site 800k. EQC claim made but no
payment. Claim Tower has failed or refused to pay.
13/11/2012 Grant Shand:- Plaintiff
M Harris: Gilbert/Walker - Defendant
YES DISCONTINUED 16/12/2014
CIV-2012-409-002520 Champagne Homes Limited v
Tower Insurance Limited
General
Proceeding
Three houses at Owles Tce and Gloucester St. All rentals, covered under rental house policy. Liability said to be full
replacement less EQC. Plaintiff wants to rebuild all houses on same sites for sums from 549k to 650k. EQC has paid
for one only. Also claim for lost rent. Deft has raised issue about disclosure about rent claim.
13/11/2012 Grant Shand:- Plaintiff
M Harris: Gilbert/Walker - Defendant
YES DISCONTINUED 16/12/2014
CIV-2012-409-002480 Johnson & Connor v Tower
Insurance Ltd
General
Proceeding
New Brighton house damaged Sept and Feb, redzoned. Plaintiffs say it cannot be repaired and uneconomic to do
so. Tower has offered 225k less EQC 128k for repair. Claim for 758k rebuild costs less EQC.
12/11/2012 Grant Shand:- Plaintiff
M Harris: Gilbert Walker - Defendant
YES DISCONTINUED 29/04/2013
CIV-2012-409-002479 Yang v IAG New Zealand
Limited
General
Proceeding
Building at 168 Gloucester St, run as restaurant. Damaged pre quakes and claim met but damage not in fact repaired
before quakes. Claim for repair costs to policy cap 305k. (actual costs higher). Issue is whether any part of claim is
damage formerly compensated.
9/11/2012 Owen Paulsen:- Cavell Leitch, Plaintiff
C Hlavac: Young Hunter, Defendant
YES DISCONTINUED 20/06/2013
CIV-2012-409-002444 The Insurance Council of NZ
INC v Christchurch City Council
General
Proceeding
Challenge to Councils earthquake strengthening policy for damaged buildings. Whether must meet 33% or 67% of
new building standard. Oxford Body Corporate and University joined on basis they want 67% policy applied to them.
6/11/2012 G Jones/D Goddard Jones Fee:- Applicant
Duncan Laing: Simpson and Grierson -
Respondent Tom Weston Q C - 2nd
Respondent
McVeigh QC and S Cotrell (GCA Lawyers)-
3rd Respondent
YES JUDGMENT - DEFENDED HEARING
04/02/2013
COURT OF APPEAL MILESTONES:
CA127/13
Filed 4/3/13
Dismissed 8/10/13
CIV-2012-409-002405 Ngai Tahu Justice Holdings
Limited v The Attorney General
General
Proceeding
Lease of Chch Central Police station: term expires June 2017 but tenant refused since 2 October 2012 to pay further
rent and treats lease as terminated. Plaintiff landlord maintains the lease contains no conditions as to fitness for use
for police purposes. It seeks damages and performance of maintenance obligations.
2/11/2012 D W Chisnall/ JBM Smith Greenwood Roche
Chisnall :- Plaintiff
A J Forbes Q C and Prue Robertson
(Mortlock McCormack Law) - Defendant
YES DISCONTINUED 09/10/2013
CIV-2012-409-002385 MJ & VJ OLoughlin v Tower
Insurance Limited
General
Proceeding
Full replacement policy for property in Dallington. It is said that rebuild is necessary because damaged beyond repair
and land now redzoned. Claim 1.3m but defendant has offered 137k. First case to be tried on impact of redzoning.
Plaintiffs say that house not economically repairable anyway. Issue re assumptions to be made re foundations when
notionally repairing or replacing.
31/10/2012 Grant Shand:- Plaintiff
M Harris: Gilbert/Walker - Defendant
YES JUDGMENT - DEFENDED HEARING
05/04/2013
CIV-2012-409-002384 SR Young v Vero Insurance NZ
Ltd
General
Proceeding
Full replacement policy for two houses at Redcliffs. Defendant allegedly failed to indemnify, and to have repudiated by
delay. $2.5m claimed for rebuild and fees, plus general damages. Necessary to isolate issues re these houses from a
third house which plaintiff will relocate on site if redzoning reduced and extensive general damage to exterior works
from boulders.
30/10/2012 Ngaire Smith & Jai Moss, Plaintiff
Peter Hunt/Rachel Scott: McElroys,
Defendant
YES DISCONTINUED 22/09/2014
CIV-2012-409-002371 DJ & K Morris v Tower
Insurance Limited
General
Proceeding
Full replacement policy for redzoned property in Kairaki Beach. Plaintiffs say it is a constructive total loss because
repairs cost more than rebuild. Claim 382k plus temporary accommodation 25k. Defendant has offered repair costs
222k less EQC and considers house repairable if low mobility grout injection technique used to repair broken concrete
slab.
26/10/2012 L Chapman: and M Josephson - Grimshaw
& Co, Plaintiff
Matthew Harris: Gilbert/Walker -Defendant
YES DISCONTINUED 23/04/2013
CIV-2012-409-002348 Symonds v Tower Insurance
Limited
General
Proceeding
Replacement policy over neighbouring New Brighton Rd houses damaged in Feb quake. Redzoned. Plaintiff says
rebuild costs 564k and 781k. Defendant says rebuild costs are 264k and 266k. Raises question whether plaintiff can
claim foundation costs for this site although will rebuild elsewhere, and if not what foundation requirements should be
assumed.
24/10/2012 Grant Shand:- Plaintiff
Matthew Harris:- Gilbert/Walker, Defendant
YES DISCONTINUED 24/04/2013
CIV-2012-409-002302 Crester Holdings Limited v NZ
Plastic Recycling limited
General
Proceeding
Plaintiff landlord leased premises to defendant company; premises rendered untenantable by February 2011
earthquakes and lease therefore terminated; by written notice, plaintiff required defendant to remove its fixtures, fittings
and chattels; defendant failed to do so. Plaintiff seeks declaration that it is entitled to remove fixtures, fittings and
chattels, forward them to refuse collection centre, and recover costs of doing so from defendant. Insurer has since
removed items, costs now fixed.
17/10/2012 Grant Shand:- Plaintiff YES JUDGMENT - BY CONSENT 29/11/2012
CIV-2012-409-002284 BD McLean, CL McKeown & PL
Butler v IAG
General
Proceeding
Plaintiffs insured their brand new house in Fendalton with defendant; house wrecked by the September 2010
earthquakes; defendant paid indemnity value of house as plaintiff elected but did not pay costs of professional services
(architects, engineers etc); whether such costs payable when indemnity value elected; whether costs claimed
reasonable when house is notionally being rebuilt as it was.
15/10/2012 Andrew Hooker:- Shine Lawyers, Plaintiff
D Weatherley and C Hlavac: Young Hunter -
Defendant
YES JUDGMENT - PRELIMINARY QUESTION
16/05/2013
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2012-409-002259 NZ Local Government
Insurance Corporation v R + V
Versicherung AG
General
Proceeding
(& Summary
Judgment)
Plaintiff seeks summary judgment on liability and quantum under reinsurance contract. Defendant moves for stay on
grounds of reference to arbitration. Whether arguable defences on liability and quantum. Test for whether dispute
exists in this context. Issues as to scope of cover and evidence of losses and categorisation thereof.
12/10/2012 D J Heaney and S McKay:- Heaney & Co
Plaintiff
M OBrien and F Tregonning: Bell Gully -
Defendant
YES JUDGMENT - PRELIMINARY QUESTION
09/04/2013
CIV-2012-409-002205 LA Collier & SJ Collier v Tower
Insurance Limited
General
Proceeding
Hillsborough property, not fully built when allegedly damaged in Feb quake. Full replacement of 1.3m less EQC
sought. Tower says damage mostly confined to retaining wall and due to faulty workmanship, and wall not code-
compliant. Cap of 10k for retaining walls. House area understated in policy; how resulting rebate is calculated.
8/10/2012 Grant Shand:- Plaintiff and
K Pengelly: DLA Piper -
Defendant
YES DISCONTINUED 19/06/2013
CIV-2012-409-002139 I & GDL Morris & Lane Neave
Trustees Ltd v Tower Insurance
Ltd
General
Proceeding
Merivale house, damaged in Sept and Feb. Plaintiff seeks judgment for full replacement value, architects etc fees and
demolition/removal costs ($2.5m). Tower accepts liability to rebuild and elects to contract the builder, says no breach
of policy and no liability for damages. Plaintiff responds Tower has made election and house cannot be rebuilt as must
now be elevated. Underlying issue is scope of rebuild and costs. Parties now to respond by 17 May.
1/10/2012 Graeme Riach:- Harmans, Plaintiff
and K Pengelly: DLA Piper, Defendant
YES DISCONTINUED 09/04/2014
CIV-2012-409-002138 TJK (NZ) Limited v Mitsui
Sumitomo Insurance Co Limited
General
Proceeding
(& Summary
Judgment)
Plaintiff seeks summary judgment on part of plaintiffs case. Clarendon Tower extensively damaged in Canterbury
earthquakes; plaintiffs engineers concluded repair was not commercially viable; CERA ordered demolition. Plaintiff
intends to reinstate damage from both September and February quakes. Plaintiff seeks declaration that defendant
should pay at least the indemnity value, under an extension to the insurance policy which deals with Earthquake Full
Reinstatement Cover. Issues include whether damage to building repairable practically or economically, impact of
CERA demolition notices, when money payable under policy, measure of loss.
28/09/2012 N Campbell (Shortland Chambers and P J
Woods:- Anthony Harper Plaintiff
G Macdonald and A Mcelhinney: DLA Piper,
Defendants
YES DISCONTINUED 13/09/2013
CIV-2012-409-002133 Dominion Finance Group Ltd v
Body Corporate 382902, R &
PA Auld, LJ, GL & CM Berry,
AD & O Polonowita, LG & VM
McMillan, Benbrakah Trust Ltd,
IC & FM Anderson, Gatay
Holdings Ltd, Clarkville Trustees
Ltd, DJ Z West, K Kaspar, ME &
MJ Johnson, P J & SJ Monk,
CG & AR King, TJ Perry, GJ &
V Stansfield, Tancred Nominees
Ltd, JJ Jang, Spence Farms
Ltd, BAA Investments Ltd v
Ocean Trustees Ltd, FT 2
Trustees Ltd, Westpac NZ Ltd
Originating
Application
Unit Titles: Gallery Apartments, 62 Gloucester St: distribution of insurance/EQC proceeds and proceeds of sale of
land; whether to be distributed in accordance with original ownership interests or reassessed ownership interests:
Court asked to overturn existing unit titles cancellation resolution and substitute Court-ordered cancellation and order
new reassessment.
27/09/2012 S Rennie and J E Bailey:- Rhodes & Co,
Plaintiff
Kelly Paterson: Buddle Findlay, Respondent
Peter Whiteside, Wynn Williams - 2nd
Respondent
YES JUDGMENT - DEFENDED HEARING
11/12/2012
CIV-2012-409-002040 A & G Tasman Limited v
Cartwright & Others
General
Proceeding
Commercial building at 32 Oxford Tce. Business interruption policy. Broker arranged 24 month indemnity period.
Issue is whether NZI policy capped at 800k or 1.6m for that period. Building untenantable from 22 February. Major
issue whether NZI liable as joint tortfeasor.
19/09/2012 G Nation and J Johnson:- Wynn Williams
Plaintiff
Garth Galloway: Chapman Tripp Sheffield
Young - Defendant
G Macdonald and M Henaghan: DLA Piper -
3rd Party
YES DISCONTINUED 26/06/2013
CIV-2012-409-002020 Pascoe & Condon v Southern
Response Earthquake Services
Limited
General
Proceeding
Plaintiffs home in red zone (Brooklands). AMI replacement policy. Whether apart from redzoning home is repairable.
Whether rendered non-repairable by redzoning. Whether insurers claim that home is repairable breaches duty of
good faith. Whether insurer liable to reinstate on new site. Relationship between insurer obligations and Government
offer to homeowners, which expires 14 December 2012.
14/09/2012 D Webb:- Lane Neave Plaintiff
R Johnstone:- Wynn Williams Defendant
YES DISCONTINUED 13/12/2012
CIV-2012-409-001910 Canterbury Regional Council v
The Environment Court &
Others
General
Proceeding
Challenge to Environment Court decision to continue with hearings. 5/09/2012 D Goddard QC, Chambers and J Ormsby
(Wynn Williams):- Applicant P Steven: and I
Cowper and J Woodward and B Carruthers,
Second Respondents
M Christensen, Third Respondents
YES DISCONTINUED 20/12/2012
CIV-2012-409-001899 Harris & Others v Earthquake
Commission
Originating
Application
(& Declaratory
Judgment)
Same issue as Morley v EQC. 5/09/2012 T Weston QC and Greg Jones (Jonesfee):-
Applicants
J Knight:- Chapman Tripp Respondent
YES JUDGMENT - DEFENDED HEARING
18/02/2013
CIV-2012-409-001877 McKay v Tower Insurance
Limited
General
Proceeding
House in Kennedys Bush Road. Parties agree house is a rebuild on same site. Plaintiff says rebuild cost including
architects engineers and surveyors fees is up to $2.475m. EQC has paid. Specific foundations requirements (screw
piles or timber driven piles) and issue whether garage damaged in quake account for much of the difference between
parties. Correct approach to professional fees on a rebuild.
30/08/2012 Grant Shand:- Plaintiff
Matthew Harris:- Gilbert Walker, Defendant
YES DISCONTINUED 03/07/2014
CIV-2012-409-001761 The Great Christchurch
Buildings Trust v Church
Property Trustees
Judicial Review
(& Declaratory
Judgment)
Applicant seeking a declaration that the decision to deconstruct the Cathedral is invalid - three claims; 1. Breach of
trusts respondent holds Cathedral under; 2. Ultra vires the respondents power; 3. Breach of trust
15/08/2012 F Cooke QC, Thorndon Chambers (and A
Foote, Duncan Cotterill) :- Applicant
J Ormsby:- Wynn Williams First Respondent
P McCarthy:- Crown Law Second
Respondent
YES JUDGMENT - DEFENDED HEARING
15/11/2012
COURT OF APPEAL MILESTONES:
CA57/13
Filed 1/2/13
Dismissed 26/7/13
CIV-2012-409-001630 Morley v Earthquake
Commission
Originating
Application
(& Declaratory
Judgment)
Parties seeking a declaratory judgment as to whether a property with rooms rented out individually should be
construed as a dwelling for the purposes of an EQC claim
1/08/2012 G Brodie:- Applicant
J Knight:- Chapman Tripp Respondent
S Waggot:- Wynn Williams Subsequent
party
YES JUDGMENT - DEFENDED HEARING
18/02/2013
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2012-409-001118 New Zealand Sikh Society
(South Island) Incorporated v
Jackson & QBE and IAG
General
Proceeding
Claim that defendant broker failed to arrange promised cover, alternatively that QBE policy was never cancelled. IAG
is sued as brokers professional indemnity insurer.
1/06/2012 G Brodie:- Plaintiff
C Langstone, and T Spinka:- Jones Fee,
Third Defendant
C Hlavac:- Young Hunter 3rd party
YES DISCONTINUED 21/07/2014
CIV-2012-409-000615 Turvey Trustee Limited v AMI
Insurance Limited
General
Proceeding
(& Summary
Judgment)
Judgment sought for rebuild cost. Issue; what it means to rebuild to "as new" standard for purposes of measuring
the "full replacement cost". Claim that AMI must use materials as near as practicable to original villa, not something
with same "look and feel". What quality of foundations to be assumed.
23/03/2012 G Trainor:- Trainor Maclean, Plaintiff
R Johnstone:- Wynn Williams, Defendant
YES DISCONTINUED 11/04/2013
COURT OF APPEAL MILESTONES:
CA866/12
Filed 21/12/12
Abandoned 15/4/13
CIV-2012-409-000528 Trade Union Centre Canterbury
Limited v Allianz New Zealand
Limited & Abbott Insurers
Brokers Limited
General
Proceeding
Insurance claim on two properties at 191-195 Armagh and 199 Madras. Plaintiff claims that policy provides for
replacement value as opposed to indemnity value; alternatively, sues broker in negligence. Issue raised whether each
quake a separate event.
15/03/2012 B Corkill QC P Cranney Oakley Morgan:-
Plaintiff
G Gallaway and L Adams:- Chapman Tripp,
Defendant
YES DISCONTINUED 17/01/2013
CIV-2012-409-000504 One Three Four Limited v J R F
Holdings Limited
General
Proceeding
Dispute between landlord and tenant about 134 Victoria St. Issues: whether CERA demolition notice extended to all
leased premises some of which are said to remain tenantable; whether tenant which claims to have improved
premises has an interest in insurance policy.
13/03/2012 Jeanette Ching:- Beadel Ching Kevin Clay:-
Plaintiff
R Brown (mears Williams) and Dale Lester:-
Defendant
YES JUDGMENT - DEFENDED HEARING
01/05/2013
CIV-2012-409-000500 Independent Fisheries Ltd v The
Minister for Canterbury
Earthquake Recovery
Judicial Review Orders setting aside the Minister’s decision under CERA Act to implement Chapters 12A and 27. Affects land around
city rezoned for residential use. Plaintiff wants its land (near airport) zoned residential instead. Links to pre-quake
Environment Court proceedings.
9/03/2012 Francis Cooke QC , P Steven, I Cowper:-
Cower Campbell and P Joseph, Hughes-
Johnson QC, Applicant
Kenneth Stephen:- Crown Law, First
Respondent
M Perpick:- Wynn Williams, Second-Sixth
Respondents
J Appleyard:- Chapman Tripp, L Semple:-
Anderson Lloyd and C Fowler:- Adderley
Head, Interveners
YES JUDGMENT - DEFENDED HEARING
24/07/2012
COURT OF APPEAL MILESTONES:
CA438/12
Filed 26/7/12
Dismissed 20/12/12
CA505/12
Filed 15/8/12
Dismissed 20/12/12
CA507/12
Filed 16/8/12
Dismissed 20/12/12
CA514/12
Filed 20/8/18
Dismissed 20/12/12CIV-2012-409-000295 Ridgecrest NZ Limited v IAG
New Zealand Limited
General
Proceeding
Alleged breach of insurance contract for earthquake damage to building (215 Gloucester St) and business
interruption insurance. Issue: is the plaintiff entitled to be paid for damage resulting from each pleaded earthquake up
to the limit of insurance in each case.
21/02/2012 C Carruthers Q C and P Cowey :- Parry
Field Plaintiff
B Gray Q C and P Smith and M Mitchell:-
Fortune Manning Defendant
YES JUDGMENT - PRELIMINARY QUESTION
08/11/2012
COURT OF APPEAL MILESTONES:
CA811/12
Filed 5/12/12
Dismissed 10/7/13
CIV-2012-409-000245 Read & Independent Trustees
(Canterbury) Limited v IAG New
Zealand Limited & The
Earthquake Commission
General
Proceeding
The plainitffs owned properties at Aynsley Terrace, Ford Road, Sparks Road, Scarborough Road, Kings Street,
Centaurus Road and Balfour Terrace. Policy under IAG New Zelanad Limited. Properties damaged in Canterbury
Earthquake Sequence. Plaintiffs claim against IAG, breach of contract, breach of the Fair Trading Act and seek
special damages, general damages, costs and interest. The plaintiffs claim against EQC, breach of the Act and seek
special damages, general damages, costs and interest.
15/02/2012 Andrew Hooker: Shine Lawyers - Plaintiff
Chris Hlavac:- Young Hunter, First
Defendant
Self Represented - Second & Third
Defendants
YES JUDGMENT - UNDEFENDED HEARING
01/05/2017
CIV-2012-404-004848 MacDonald and Bailey Trustee
Service v Tower Insurance
General
Proceeding
(transferred from
the Auckland
registry)
House at St Martins: claim for 1.375m to rebuild on same site. Tower says can repair for 330k. Issue whether can be
repaired economically, and whether repair meets policy standard of "same extent and condition as when new". Tower
may assert its right to do the work rather than pay cash.
17/08/2012 Grant Shand:- Plaintiff
M Harris -Gilbert Walker, Defendant
YES DISCONTINUED 25/11/2014
CIV-2012-404-002723 Body Corporate 398983 v
Zurich Australian Insurance and
Firm P1 Ltd
General
Proceeding
(transferred from
the Auckland
registry)
Claim against insurer and broker about limit to material damage and business interruption policy; also whether
payments under policy are to be net of EQC payments for property (Salisbury Park Apartments).
18/05/2012 R Hay:- Morgan Coake Plaintiff
B Sanders:- Beachcroft Law First
Defendantendant
C Langstone:- Jones Fee Second Defendant
YES JUDGMENT - PRELIMINARY QUESTION
15/05/2013
COURT OF APPEAL MILESTONES:
CA393/13
Filed 13/6/13
Allowed in Part 13/11/13
CIV-2012-404-002366 Herzhoff v Tower Insurance General
Proceeding
(transferred from
the Auckland
registry)
Failure to pay contents claim in respect of property damaged in residence or damaged/stolen insurer post quake.
Some damage/burglary after goods stored by Towers agent Canterbury Removal Services at 11 March Place,
Redwood. Bailment in alternative for losses while in storage.
2/05/2012 R Raymond: Canterbury Chambers (A Fox
and J Stringer Saunders Robinson Brown) :-
Plaintiff
R Hern and K Rowe:- McElroys, Defendant
YES DISCONTINUED 23/04/2013
CIV-2012-009-002433 Ward v Earthquake Commission
(Discontinued) & IAG New
Zealand Limited
General
Proceeding
(transferred from
District Court)
Property (consisting of multi-unit dwelling) at Barbadoes Street, Christchurch. Damaged as a result of Canterbury
earthquake sequence. Policy under IAG. The plaintiff says the failure by the defendant to agree to pay the cost when
incurred to reinstate the property to the policy standard is a breach of its obligations. The plaintiff seeks an order that
the defendant specifically perform its duties by paying the costs when incurred to repair the property or a declaration
for the same (plus general damages, costs and interest).
22/11/2012 7/02/2018 Andrew Hooker/Mobeena Hills: - Shine
Lawyers, Plaintiff
Chris Hlavac/Bridget Read:- Young Hunter,
Defendant
YES DISCONTINUED 22/05/2019
CIV-2012-009-001849 Parkin v Vero Insurance New
Zealand Limited
General
Proceeding
(transferred from
District Court)
Lyttleton home said to have been damaged beyond repair in Sept and Feb, Initially may have been within EQC scope.
Claim for rebuild costs 271k net of EQC 113k. Vero says also damaged in June 2011 and EQC is liable for that
event; Vero is not liable until EQC settles claims available to insured on all quakes. Pleads that it need only pay, at its
option, indemnity value or costs of repair or rebuild once incurred by plaintiffs.
7/09/2012 4/12/2012 Duncan Webb:- Lane Neave, Plaintiff
Greg Jones:- Jones Fee, Defendant
YES JUDGMENT - DEFENDED HEARING
17/07/2015
Case Number
ChCh Registry unless
otherwise stated
Case Name Case Type Nature of Claim Date Filed Date
transferred
from DC
Status of Active Cases
TC - Telephone Conf
IA - Interlocutory
Application
JSC - Judicial
Settlement Conf
Solicitors Disposed SUMMARISED INFORMATION
CIV-2011-485-001816 CMP Properties Ltd v
Earthquake Commission
General
Proceeding
Whether a) upper floor apartments in mixed use building separate dwellings under EQC Act: b) apartments may claim
against EQC for land damage: c) one set or three of personal property insurance.
2/09/2011 L Craig: Jones Fee - Plaintiff
N Wood and J Knight: Chapman Tripp -
Defendant
YES DISCONTINUED 19/09/2012
CIV-2011-409-000810 Marchand, Marchand &
Costelloe v Jackson
General
Proceeding
(& Summary
Judgment)
Lapse in insurance due to neglect/misconduct of broker; insurer is brokers professional indemnity insurer. 26/10/2011 G Hair:- Malley & Co Plaintiff
B Burke:- Harmans Defendant
YES JUDGMENT - DEFENDED HEARING
11/07/2013
COURT OF APPEAL MILESTONES:
CA274/12
Filed 16/5/12
Allowed 15/7/13
CA788/12
Filed 30/11/12
Abandoned 31/5/13
CIV-2011-409-000627 GP 96 Limited v F M Custodians
Limited
(& related file CIV-2010-409-
002222)
Interim Injunction Order sought preventing demolishing, selling or leasing of building until substantive matter heard. Contest between
assignee of lease and mortgagee in possession. One issue is whether the building (96 Litchfield St) was tenantable
after 22 Feb.
19/04/2011 Austin Forbes Q C and Grant Smith -
Canterbury Legal Services:- Plaintiff
Hugh Matthews: White Fox and Jones -
Defendant
YES GRANTED 23/07/2012
COURT OF APPEAL MILESTONES:
CA258/19
Filed 5/6/19
Dismissed 23/7/19
CIV-2010-409-002710 Body Corporate 83501 & others
v Christchurch City Council and
others.
General
Proceeding
Earthquake damage/construction defect claim against insurers (including EQC) and parties responsible for
construction of the building.
24/11/2010 D Bigio/S Wroe:- Martelli McKegg Plaintiff
S Macky:- Heaney & Co First
Defendantendant
H Matthews:- White Fox Jones Second
Defendant
J Moss:- Third Defendant
M Wallace:- Fourth Defendant
Richard Raymond:- Fifth Defendant
J Knight:- Chapman Tripp Sixth Defendant
M Ring QC:- Seventh Defendant
YES DISCONTINUED 11/12/2013